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2018 Supreme(Bom) 719

S.J.KATHAWALLA, BHARTI H.DANGRE
Kavita Manikikar, w/o Ravikiran Mankikar – Appellant
Versus
Central Bureau of Investigation BS & FC, through its Standing Counsel of Bombay, Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vijay Aggarwal i/b. Ashul Aggarwal and Yashwardhan Tiwari.
For the Respondents: Ms. Ameeta Kuttikrushnan, Mr. Rajan Salvi, A.P.P., Ms. Sharda Raut, Superintendent of Police.

JUDGMENT :

Bharti H. Dangre, J.

1. Rule. Rule returnable forthwith. Heard by consent of the parties. The petitioner has approached this Court seeking a declaration that her arrest dated 20.02.2018 by CBI. be declared as illegal and contrary to Section 46 (4) of the Code of Criminal Procedure The petitioner has also prayed for issuance of a writ in the nature of mandamus for setting aside the order dated 21.02.2018 passed by Special Judge, Greater Bombay, by which the petitioner has been remanded to the Central Bureau of Investigation Custody for 14 days. The petitioner has also prayed for a direction to initiate an inquiry against the officers who have arrested the petitioner in contravention of the statutory provisions.

2. In order to deal with the reliefs sought for in the present petition, it would be necessary to refer to the brief chronology of facts and events leading to the filing of the present petition.

An FIR bearing No. RC RCBSM2018E0001, was registered by the respondent-Central Bureau of Investigation (hereinafter referred to as “CBI”), BS&FC, Mumbai on a written complaint of the Deputy General Manager, Zonal Office, Mumbai, Punjab National Bank under Section 120-B read wit










































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