PAWAN KUMAR DHOOT Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Tills application has been filed for quashing of the order dated 15/04/2013, passed by the Special Judge, CBI, Ranchi, in R.C. 2 (S) of 2012-AHD-R, whereby and whereunder non-bailable warrant of arrest has been ordered to be issued against the petitioner. Learned counsel appearing for the petitioner submits that when some of the persons were found indulging themselves in Horse Trading to manoeuvre the process of Election of Rajya Sabha, 2012, one F.I.R. was lodged but the petitioner was never made an accused. In course of investigation, whenever CBI called the petitioner for interrogation, he did appear before the CBI. Recently, a notice had been issued under Section 160 Cr.P.C. whereby the petitioner was called upon to appear before the Investigating Officer on 04/04/2013 for the purpose of his interrogation. That order was challenged before this Court in W.P. (Cr.) No. 81 of 2013, by taking plea that on one hand, the petitioner is being taken to be an accused but on the other hand, the notice is being issued under Section 100 Cr.P.C., which is against the law laid down in a case of "State Represented by Inspector of Police & Others -versus- N.M.T. Joy Immaculate, 2004 5 SCC 729'.

(2.) That matter was taken up for hearing on 12/04/2013, on which date the statement was made on behalf of the CBI that the petitioner is not being treated as an accused. Keeping in view that statement, that application was disposed of. Subsequently, the CBI filed a requisition before the Court concerned stating therein that certain materials, showing involvement of the petitioner in the crime, have been collected against him and hence a prayer was made for issuance of warrant of arrest. Thereupon, the Court passed an order on 15/04/2013, for issuance of the warrant of arrest (non-bailable) after recording that ample materials have been collected against the petitioner as an accused. That order has been challenged as it never appears to be in consonance with the provisions as contained in Section 73 Cr.P.C.

(3.) Learned counsel further submits that if the CBI wants to interrogate the petitioner, he is ready to appear before the CBI for giving his statements provided that he be arrested.