Heard the parties.

In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with RC 11 (S)/2015/SC-1, New Delhi including the order dated 4.11.2016, passed by the learned Sub Divisional Judicial Magistrate-cum-Special Judicial Magistrate, C.B.I., Ranchi, whereby and whereunder cognizance has been taken for the offence punishable under sections 212/120-B of the Indian Penal Code.

2. Initially an FIR was instituted being Kotwali (Hindpidhi) P.S. Case No.742/2014 on the fardbeyan of the informant-Tara Shahdeo against accused Ranjit Singh Kohli and his mother Kaushal Rani for the offences punishable under section 498-A/34 of the Indian Penal Code.

3. In course of investigation, it was revealed that Ranjit Singh Kohli had returned to Ranchi on 20.8.2014 and he along with his friend Rohit Raman went at the residence of maid servant at Silli. It is alleged that on 20.8.2014, Rohit Raman accompanied the accused Ranjit Singh Kohjli and Kaushal Rani as well as his maid servant and a dog to the house at Bariatu of the sister of the accused namely Kiran Devi and after being accompanied by one Ajay Kumar, bodyguard of the petitioner, went along with them to Archies Hotel situated at Station Road, Chutia where they stayed in the night. Further allegation has been levelled that the accused persons were accompanied by one Rohit Raman to Sherghati at the residence of Shri Rajesh Prasad, SDJM, Sherghati. It is also alleged that on 23.8.2014, accused along with Rajesh Prasad and his wife and child reached Patna Airport by a Tata Sarari Storme vehicle from Sherghati to catch a flight but since the flight was missed, Rajesh Prasad along with his family, mother of Ranjit Singh Kohli, maid servant stayed at a hotel in the night whereas Ranjit Singh Kohli and Ajay Kumar proceeded to Delhi in Bolero vehicle belonging to Rajesh Prasad. Subsequently Rajesh Prasad along with his family and others had caught a flight and had gone to Delhi. Ranjit Singh Kohli and Kaushal Rani were subsequently arrested on 26.8.2014 and 27.8.2014.

4. Based on the aforesaid allegations, Kotwali (Hindpidhi) P.S. Case No. 799 of 2014 was instituted against Rohit Raman, Ajay Kumar and learned S.D.J.M, Sherghati-Shri Rajesh Prasad for the offence punishable under section 212 of the Indian Penal Code.

5. In terms of a Notification issued by the Department of Personnel & Training, Ministry of Personnel Public Grievances and Pension, Government of India, CBI was empowered to investigate Kotwali (Hindpidhi) P.S. Case No. 742 of 2014 and 799 of 2014.

6. In terms of the Notification issued by the Government of India, the Public Interest Litigation being W.P.(PIL) No. 4400 of 2014 was disposed of on 22.5.2015. CBI took up investigation in both the cases including the subject matter of the present application being Kotwali (Hindpidhi) P.S. Case No. 799 of 2014, which was registered as R.C. 11(S)/2015/SC-1. Investigation culminated in submission of charge-sheet on 30.9.2016 against the petitioner as well as other accused persons for the offences under section 212/120B of the Indian Penal Code, pursuant to which by order dated 4.11.2016, learned Sub Divisional Judicial Magistrate-cum-Special Judicial Magistrate, CBI, Ranchi was pleased to take cognizance for the offence punishable under sections 212/120-B of the Indian Penal Code.

7. Assailing the initiation of the criminal proceeding against the petitioner who was the then Principal District & Sessions Judge, Deoghar including the order taking cognizance, Mr. Anil Kumar Sinha, learned senior counsel for the petitioner, has submitted that merely being in contact with the main accused persons in a case instituted under section 498-A of the Indian Penal Code would not attract an offence under section 212 of the Indian Penal Code. Mr. Sinha submits that Section 52-A of the Indian Penal Code, which defines Harbour is interconnected with the main offence and nowhere the investigating agency has c