CENTRAL BUREAU OF INVESTIGATION Vs. RAJNIKANT OJHA

JUDGEMENT

(1.) Affidavit of service and supplementary affidavit filed by the petitioner are taken on record.

(2.) The petitioner /CBI is aggrieved by the order passed by the learned Additional Chief Judicial Magistrate, Alipore, South (24) Parganas on 29/3/2025 in R.C. no. 220 of 2023 E 0019 of CBI, EO II, New Delhi dtd. 21/7/2023. By the said order, the learned Magistrate has rejected the prayer for transit remand of the accused/opposite party and granted interim bail to him.

(3.) Learned counsel for the petitioner submits that warrant of arrest was issued against the petitioner on 21/1/2019 by the learned Chief Judicial Magistrate, District Sagar, Madhya Pradesh. The opposite party was arrested in Kolkata on 29/3/2025 on the strength of the said warrant. The memo of arrest discloses the penal Sec. under which the opposite party has been charged as well as reasons for arrest. Therefore notification of substance of warrant was made to the opposite party in compliance with sec. 75 of the Code of Criminal Procedure. The arrest memo was accompanied by the permanent warrant of arrest and the memo bears the signature of the father of the arrestee/opposite party. The arrest was made in compliance with the provisions of the Code of Criminal Procedure and should not have been faulted.