judgment

S.B. SINHA, J. —

1. Leave granted.

2.Interpretation of Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 (for short “the Code”) vis-à-vis Sub-section (2) of Section 309 thereof falls for consideration of this Court in this appeal which arises out of an order dated 22.12.2006 passed by a learned Single Judge of the High Court of Judicature at Madras in Crl. R.C. No. 1173 of 2006 setting aside an order dated 25.08.2006 passed by the 5th Additional Sessions Judge, Chennai in R.C. 4/(E)/03/BSC/FC/CBI New Delhi in Crl. R.C. No. 115 of 2006 whereby an order dated 30.05.2006 passed by the Special Court in Crl. M.P. No. 788 of 2006 in C.C. No. 19189 of 2005 was set aside.

3. Appellant was proceeded against for commission of offences under Sections 409, 420 and 120B of the Indian Penal Code.

4. The Central Bureau of Investigation (CBI) lodged a first information report against the appellant and three companies registered and incorporated under the Companies Act, 1956 on a complaint made by the Securities and Exchange Board of India. Indisputably, Appellant was named therein. He was, however, evading arrest. He had gone to the United States. The learned Magistrate by