ANUP MAJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) Legality, validity and propriety of an order dtd. 16/4/2021 passed by the learned Special Judge, CBI Court at Asansol in connection with RC Case No.22 of 2022 corresponding to CBI SPE ACB KOLKATA Case No. RC0102020A0022 dtd. 27/11/2020 under Ss. 120B/409 of the Indian Penal Code read with Sec. 13(2) and 13(1)(a) of the Prevention of Corruption Act, thereby rejecting an application for recalling of the order dtd. 24/12/2020 issuing warrant of arrest against the petitioner and recalling consequential order of proclamation dtd. 11/1/2021 and order of attachment dtd. 18/2/2021 are under challenge in the instant revision.

(2.) For proper appreciation of the matter, the following facts are necessary to be brought on record :-

(3.) By an order dtd. 16/11/2018 the State of West Bengal withdrew consent under Sec. 6 of the Delhi Special Police Establishment Act. The consequence of such withdrawal of consent is an issue, pending for disposal along with several other cases before the Hon'ble Supreme Court. On 27/11/2020 CBI registered FIR Case No.RC0102020A0022 against the petitioner and others under Ss. 120B/409 of the IPC read with Ss. 13(2)/13(1)(a) of the Prevention of Corruption Act. Notices were served under Sec. 41A of the Code of Criminal Procedure to the petitioner calling upon him to appear before the Investigating Officer for interrogation on 5/12/2022, 7/12/2020 and 10/12/2020. The petitioner duly replied on receipt of such notices but did not physically appear before the Investigating Officer. On 10/2/2021 the petitioner filed WPA No.10457 of 2021 under Article 226 of the Constitution of India challenging, inter alia, the legality, validity and propriety of initiation of investigation by CBI in view of withdrawal of consent required under Sec. 6 of the Delhi Special Police Establishment Act in the State of West Bengal and for declaration that the registration of FIR against him and subsequent investigation ultra vires Sec. 6 of the said Act. On 24/12/2020 the Investigating Officer filed an application before the learned Special Judge, CBI Court at Asansol for issuance of warrant of arrest due to non appearance of the petitioner before the Investigating Officer. The learned Special Judge, CBI Court issued warrant of arrest against the petitioner on the basis of the prayer made by him the Investigating Officer of the case. On 11/1/2021, the Special Court passed an order of proclamation against the petitioner. In the mean time, WPA No.10457 of 2020 was disposed of by a Coordinate Bench on 3/12/2021. Two appeals being MAT No. 154 and MAT No.167 of 2021 were filed by the petitioner before the Division Bench of this Court.