1. Rule. The formal service of notice of Rule is waived by Mr.P.K. Jani, learned Public Prosecutor for the respondents. The Rule is fixed forthwith.

2. By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the CrPC'), the petitioner has inter alia prayed for quashing and setting aside the order dated 23rd November 2010 issuing non-bailable warrant against the petitioner below the application at Mark-1 preferred by the respondent No.2 herein as well as the order dated 13th December 2010 below Mark-5 and Mark-10 passed by the Special Judge (ACB), Bhuj in connection with an FIR registered vide I-C.R. No.3/2010 with Rajkot Zone CID Crime Police Station for the offences punishable under Sections 7, 11, 13(1)(2) and 13(2) of the Prevention of Corruption Act, 1988.

3. The facts of the case in brief are that on 20th February 2008, an FIR came to be lodged vide M.Case No.1 of 2008 with CID (Crime) Rajkot Zone Police Station in respect of the offences punishable under Sections 200, 203, 217, 465, 466, 467, 468, 471, 472, 474, 475, 484 and 120-B of the Indian Penal Code, pursuant to the direction under Section 156(3) of the CrPC.

3.1 On 06th January 2010, the petitioner came to be arrested in pursuance of the said FIR for the offences punishable under the provisions of the Indian Penal Code only. Thereafter, on 11th January 2010, the petitioner filed an application for bail, which ultimately came to be rejected by the Sessions Judge. On 19th February 2010 the Investigating Agency filed an application for addition of Sections 7, 11 and 13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'), which came to be allowed and the proceedings of the said case were transferred from the Court of Chief Judicial Magistrate to the Special Court, Anti Corruption Bureau. On 27th February 2010 the custody of the petitioner was handed over to the Special Court.

3.2 In pursuance of the same, the petitioner on 03rd March 2010 filed an application for bail being Criminal Miscellaneous Application No.604 of 2010 before this Court in respect of the offences punishable under the provisions of the Indian Penal Code only. Thereafter, on 11th March 2010 the Investigating Officer filed an application Exh.73 before the Special Court for recording the statement of the petitioner, which came to be allowed and the petitioner was interrogated. Thereafter, on 23rd March 2010, the petitioner moved an application for temporary bail, which came to be granted on 26th March 2010 by the Special Judge, wherein an application for extension of time was moved, which was rejected by the Special Judge.

3.3 On 31st March 2010, a separate FIR being I-C.R. No.3/2010 came to be lodged against the petitioner for the offences punishable under Sections 7, 11, 13(1)(B) and 13(2) of the Prevention of Corruption Act, 1988 before CID (Crime) Rajkot Zone Police Station. Thereafter, on 01st April 2010 an application was moved by the Investigating Officer for deletion of Sections 7, 11, 13(1)(B) and 13(2) of the Act from the FIR being I-C.R. No.1/ 2008 of Rajkot Zone Police Station. On the same day, Chargesheet No.2/ 2010 came to be filed against the petitioner in the Court of Chief Judicial Magistrate, Kutch-Bhuj, for the offences punishable under Sections 200, 203, 217, 465, 466, 468, 471, 484, 406, 409 and 120-B of the Indian Penal Code. No chargesheet was filed for the offences punishable under Sections 7, 11, 13(1)(B) and 13(2) of the Prevention of Corruption Act, 1988 and on the same day i.e. on 01st April 2010, the Chief Judicial Magistrate issued summons to the petitioner for the offences punishable under the provisions of the Indian Penal Code only.

3.4 The petitioner filed Special Criminal Application No.895 of 2010 before this Court for quashing of the FIR on 11th May 2010. Thereafter, an anticipatory bail application was filed