VINAY MISHRA Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(CAL)-2021-7-25
HIGH COURT OF CALCUTTA
Decided on July 28,2021

Vinay Mishra Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

TIRTHANKAR GHOSH,J. - (1.) The present revisional application has been preferred challenging the proceedings of RC Case No. 19/2020 under Sections 109/420/120B of the Indian Penal Code read with Sections 7/9/11/12 of the Prevention of Corruption Act, 1988 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 pending before the learned Special Judge, C.B.I. (Special) Court, Paschim Bardhaman at Asansol as also the order dated 25.01.2021 passed in connection with the said proceedings.
(2.) Before dealing with the revisional application, this Court feels that the application for interim order should be dealt with.
(3.) The records of this case reflect that on 22.04.2021, a co-ordinate Bench of this Court was initially pleased to pass an order on the submissions advanced by Dr. Abhishek Manu Singhvi, learned senior advocate appearing for the petitioner, Mr. Y.J. Dastoor, learned Additional Solicitor General and Mr. Kishore Datta, learned Advocate General of the State of West Bengal. The relevant part of the order dated 22.04.2021 is set out as follows : "Mr. Dastoor, learned Senior Advocate frankly submits that a similar order, as already proposed by Mr. Singhvi, learned Senior Advocate, in line with Apex Court's order, given on 25th March, 2021 in connection with a Special Leave to Appeal (Crl.) Nos.1620-1621/2021 relatable to the case of Anup Majee in coal scam, now pending before the Apex Court, may be recorded in this case, giving interim protection thereby providing the immunity from arrest till 3rd May, 2021 to the petitioner, provided the petitioner ensures his appearance before the C.B.I. on 3rd May, 2021. It is known from Mr. Dastoor that investigation is still continuing. In view of such candid submission of Mr. Dastoor, Ld. A.S.G. the petitioner is directed to be present on 3rd May, 2021, as proposed by Mr. Dastoor, before the C.B.I. and upon his conditional joining in the investigation, the immunity from arrest to petitioner be given till 3rd May, 2021.";


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