JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Applicability of Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 (for short “the Code”) in a case where cognizance has been taken under Section 22 of the Transplantation of Human Organs Act, 1994 (for short “TOHO”) on a complaint filed by the respondent herein is the question involved in this appeal.

It arises out of a judgment and order dated 29.01.2009 passed by a learned Single Judge of the Punjab and Haryana High Court in Criminal Revision Nos. 1007 and 1006 of 2008.

3. Appellants are medical practitioners. A First Information Report (FIR) was lodged against them under Section 420 of the Indian Penal Code and Sections 18 and 19 of TOHO at Police Station Palam Vihar, Gurgaon. The investigation was transferred to the Central Bureau of investigation, the respondent herein. It registered another FIR on or about 8.02.2008 under Sections 420, 342, 326, 506 and 120-B of the Indian Penal Code and under Sections 18 and 19 of TOHO.

4. Appellant No. 2 was arrested on 10.02.2008 and he was produced before the learned Magistrate on 11.02.2008, whereas appellant No.1 surrendered on 17.02.2008 and produced before the learne