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2023 Supreme(Online)(Bom) 17462

BOMBAY HIGH COURT
Nitesh Kumar, J
Chanda Kochhar – Appellant
Versus
CBI – Respondent


Advocates:
For the Appellants/Petitioners: Amit Desai, Choudhary
For the Respondents: Thakare

1. By these petitions, preferred under Art.226 of the Constitution of India and under S.482 of the Code of Criminal Procedure ('CrPC'), the petitioners, who are husband and wife, seek;
(i) quashing of the FIR, being No. RCBDI / 2019 / E / 0001 dated 22.01.2019, registered under S.120B and S.420 of the Penal Code, 1860 ('IPC') and S.7, S.13(2) r/w 13(1)(d) of the Prevention of Corruption Act ('PC Act');
(ii) quashing of their illegal arrest being violative of S.41 and S.41 - A of CrPC; and
(iii) quashing of the remand orders dated 24.12.2022 and 26.12.2022 passed by the learned Special CBI Judge, Mumbai.


2. By way of interim relief, the petitioners seek their release from custody pending the hearing and final disposal of the petitions.

3. The petitions, as agreed between the parties, are heard only for the limited purpose for considering whether the arrest of the petitioners was illegal i.e. contrary to the constitutional mandate and statutory provisions and consequently, whether the petitioners are entitled to be released on interim bail.

4. CRIMINAL WRIT PETITION / STAMP / 22494/2022
Mr. Amit Desai, learned senior counsel appearing for the petitioner - Chanda Kochhar submits;
(i) that the






























































































































































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