Jharkhand High Court
Sunil Kumar Maheshwari vs Central Bureau Of Investigation on 12 April, 2013
Author: R. R. Prasad
Bench: R. R. Prasad
IN THE HIGH COURT OF JHARKHAND, RANCHI
W. P. (Cr.) No. 81 of 2013
Sunil Kumar Maheshwari ..... Petitioner(s)
Versus
Central Bureau of Investigation .... Respondent(s)
CORAM:HON'BLE MR. JUSTICE R. R. PRASAD
For the Petitioner(s) : Mr. Indrajit Sinha, Advocate.
For the CBI : Md. Mokhtar Khan, ASGI
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02 /12.04.2013. Heard learned counsel appearing for the petitioner and learned counsel appearing for the CBI.
The notice, issued under Section 160 of the Cr.P.C. [Annexure-3], whereby, the petitioner had been called upon to appear before the I.O. on 4.04.2013 for the purpose of his interrogation, has been challenged.
It was submitted on behalf of the petitioner taking 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 160 Cr.P.C. which is illegal, in view of the decision rendered in a case of "State Represented by Inspector of Police & Others -Versus- N.M.T. Joy Immaculate [(2004) 5 SCC 729]".
However, Mr. Khan, learned counsel appearing for the CBI submits that since notice issued no longer remains operative after 4.4.2013, cause of action, if any, does not survive.
It was also stated that till date, the petitioner is not being treated as an accused and if he is not being treated as an accused on the day when the notice was issued, that notice never suffers from any illegality.
In view of the submission, no cause of action seems to have survived. Accordingly, this application stands dismissed.
Nevertheless, It is expected that law laid down by the Hon'ble Supreme Court in the case, referred to above, is to be carved out by one and all.
(R. R. Prasad, J.) Sandeep/