LAWS(CAL)-2022-3-77

ANUBRATA MONDAL Vs. UNION OF INDIA

Decided On March 29, 2022
Anubrata Mondal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal is at the instance of the writ petitioner challenging the order of the learned Single Judge dtd. 11/3/2022 whereby WPA 4410 of 2022 has been dismissed.

(2.) Appellant had approached the writ Court challenging the notice dtd. 4/3/2022 issued to him by the respondent, Central Bureau of Investigation (CBI) under Sec. 160 of Cr.P.C. requesting him to appear on 15/3/2022 at 11:00 a.m. at the office of the DIG and Head of Branch, Central Bureau of Investigation, Anti-Corruption Branch, Nizam Palace at Kolkata for the purpose of answering certain questions pertaining to the case No. RC0102020A0019 under Sec. 120B of IPC and Ss. 7, 11 and 12 of P.C. Act, 1988.

(3.) Learned Single Judge while rejecting the petition, has found the plea of ailment as not sustainable and other grounds not relevant and in respect of apprehension of arrest, it is found that the facts of the case did not warrant interference under Article 226 of the Constitution in the face of availability of remedy under Sec. 438 of Cr.P.C.