2019 (10) TMI 1425

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.... of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (henceforth 'the PC Act'). 2. Facts of the case, in brief, are that from 1.7.2014 to 18.2.2015, the Applicant was posted as the Chairman of the Board of Directors in Nagrik Apurti Nigam (henceforth 'the NAN'). During the said period, co-accused Anil Tuteja was posted as the Managing Director in the NAN. On 12.2.2015, First Information Report was lodged by the State Economic Offences Wing Investigation Bureau, Raipur against some other persons for offence punishable under Sections 109, 120B, 409, 420 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the PC Act. Raids were conducted by the Anti-Corruption Bureau....

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....the year 2015 and no interrogation was made from the Applicant and he was directly charge-sheeted in the year 2018, i.e., after 3 years of lodging of the FIR. It is further submitted that initially in the FIR name of the Applicant was not included nor was earlier any charge-sheet filed against him. He is an I.A.S. (Indian Administrative Service) Officer and is posted at Raipur for the last so many years. Despite that, police has not approached him nor is trying to interrogate him. Thus, it is clear that no custodial interrogation of the Applicant is required. Since charge-sheet has already been filed against the Applicant, it is clear that now the Applicant is not required for any interrogation. It is further submitted that Dr. Anand Dubey ....