( 1 ) HAVING come across the following news item in a national daily "statesman"of 16th September, 2003 this Court took suo moto notice as prima facie illegality in the order was writ large on the face, summoned the record, noticed the CBI and stayed its operation. The news item reads as follows:-

"special Court returns CBI charge-sheet statesman News Service new DELHI, Sept. 15.- The Central Bureau of Investigation was at the receiving end of the ire of a special court today with the judge declining to accept its chargesheet against an IRS official-allegedly involved in a fake visa racket during his posting in Tanzania and snubbed it for not arresting him during the investigation. Additional session Judge Mr. Prem Kumar returned the chargesheet to the agency saying it was not observing a uniform policy or norm in arresting accused persons during investigations. The court rejected CBI contention that provisions of Section 170 Cr. P. C. , which requires the investigating officer to forward the accused under custody to a magistrate, did not apply in the present case. The agency chargesheet accused Rajeshwar Singhal of misappropriating Rs. 23. 09 lakh while acting as f