MAHESWAR DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners 1 and 2 had filed ABLAPL No.4996 of 2015, which was disposed of on 30/11/2015 and the petitioner No.3 filed ABLAPL No.5028 of 2015, which was disposed of on 4/8/2015. The petitioners have cooperated with the investigation and eventually the charge sheet was filed on 31/12/2023 showing them not arrest. During the investigation, since the petitioners have extended all cooperation with the investigating agency, therefore, they were not arrested despite the fact that their anticipatory bail were turned down by this Court.

(2.) In the present case, the petitioners are challenging the order dtd. 19/2/2024 whereby the cognizance for the offence under Sec. -13(2) r/w Sec. 13(1)(e) of the P.C. Act, 1988 r/w Sec. -109 IPC has been taken by the learned Court below.

(3.) Learned counsel for the petitioners relied upon the judgment of the Hon'ble Supreme Court in the case of Mahdoom Bava vs. Central Bureau of Investigation reported in 2023 LiveLaw (SC) 218. In paragraphs-10 and 12 of the said judgment reads as under: