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2022 Supreme(Cal) 531

BIBEK CHAUDHURI
Anup Majee – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Bikash Ranjan Bhattacharya, Sr. Adv, Mr. Debasis Roy, Adv, Mr. Ranadeb Sengupta, Adv, Ms. Ankita Upadhyay, Adv, Ms. Sreemayi Roy, Adv, for the Appellant; Mr. Dhiraj Trivedi, Adv, Mr. Samrat Goswami, Adv, Mr. Shailendra Kumar Mishra, Adv, for the Respondent

JUDGMENT

Bibek Chaudhuri, J. - Legality, validity and propriety of an order dated 16th April, 2021 passed by the learned Special Judge, CBI Court at Asansol in connection with RC Case No.22 of 2022 corresponding to CBI SPE ACB KOLKATA Case No. RC0102020A0022 dated 27th November, 2020 under Sections 120B/409 of the Indian Penal Code read with Section 13(2) and 13(1)(a) of the Prevention of Corruption Act, thereby rejecting an application for recalling of the order dated 24th December, 2020 issuing warrant of arrest against the petitioner and recalling consequential order of proclamation dated 11th January, 2021 and order of attachment dated 18th February, 2021 are under challenge in the instant revision.

2. For proper appreciation of the matter, the following facts are necessary to be brought on record :-

3. By an order dated 16th November, 2018 the State of West Bengal withdrew consent under Section 6 of the Delhi Special Police Establishment Act. The consequence of such withdrawal of consent is an issue, pending for disposal along with several other cases before the Hon'ble Supreme Court. On 27th November, 2020 CBI registered FIR Case No.RC0102020A0022 against the petitioner and othe

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