DEVA NAND UPADHAYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the C. B. I.

(2.) Petitioner has challenged the validity and correctness of the order dated 28-7-2005 whereunder his petition under Section 205 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been rejected on the ground that warrant of arrest for securing his attendance has already been Issued.

(3.) Petitioner was a Junior Engineer in the Public Works Department and retired on 31-12-1998 and at the relevant time was posted at Siwan and is said to be involved in the Bitumen Scam and has been made accused in both the charge sheets dated 19-1-2005, Annexures-A and A/1 submitted in R. C. 21(A)/97, appertaining to Special Case No. 8/97 for the offences under Sections 420 and 406 and other allied Sections of the Indian Penal Code and Section 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act as Accused Nos. 6, 5 and his status has been indicated in the two charge-sheets as one who has retired from Government Service but has not been arrested.