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ANU MALHOTRA
Central Bureau of Investigation – Appellant
Versus
S. Eswara Reddy – Respondent
JUDGMENT
Anu Malhotra, J.
1. The Central Bureau of Investigation (hereinafter referred to as 'the CBI') vide the present writ petition under Article 226 read with Article 227 of the Constitution Of India, read with Section 482 of the of the Cr.P.C., 1973 assails the impugned order dated 23.6.2022 of the learned Vacation Judge, CBI-19, P.C. Act, Rouse Avenue District Courts, New Delhi, whereby the prayer made by the CBI seeking four days. police custody remand of all the accused persons arrayed as the respondents No.1 to 5 to the present petition arrayed as accused in relation to RC No. 0032022A0037 Police Station CBI, ACB, New Delhi under Sections 7, 7A and 8 of the Prevention of Corruption Act, 1988 and Sections 120-B/420/468/471 of the Indian Penal Code, 1860,- was declined.
2. The respondent No.1 Sh. S. Eswara Reddy, respondent No.2, Ms.Guljit Sethi @ Guljit Chaudhri, respondent No.3 Dinesh Dua and respondent No.4 L.Praveen Kumar were arrested on 20.6.2022 and the respondent no.5 Animesh Kumar was arrested on 21.6.2022 and the respondent Nos. 1,2, 3 and 5 were produced before the Court of the Special Judge, CBI, Rouse Avenue, on 21.6.2022 and on the prayer made by the CBI seeki
The court emphasized the importance of balancing the requirements of investigation with the necessity for custodial interrogation, and highlighted the need for a responsible approach to custodial int....
No accused can be permitted to frustrate judicial process by his conduct.
Procedure when investigation cannot be completed in twenty four hours - No power to extend period prescribed in Section 167 for completing investigation on any grounds, even in name of COVID-19 pande....
No exceptions can be made to the statutory provisions under Section 167 of the Cr.P.C., even during the COVID-19 pandemic. Police custody after the expiry of the initial 15 days is not permissible, a....
The main legal point established in the judgment is that once an accused is remanded to judicial custody, he cannot be sent back to police custody for the same investigation, and further interrogatio....
Point of Law : Court exercising jurisdiction under Section 482 of Cr.P.C. or revision cannot eschew evidence even if it is evidence secured during illegal arrest or illegal custody of the accused.
The main legal point established in the judgment is that the custody and remand of the petitioner were found to be legal and in compliance with the law, including the Arnesh Kumar case guidelines and....
The Enforcement Directorate can seek custody of arrested individuals under the Prevention of Money Laundering Act, but such custodial requests must be evaluated within the framework of existing law e....
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
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