Rajeev Jhawar Vs Central Bureau of Investigation (Delhi High Court)
The Delhi High Court dismissed an application filed under Section 482 of the Code of Criminal Procedure, 1973, seeking clarification of an earlier order dated 03.11.2023 relating to the applicant’s obligation to join investigation in a case being investigated by the Central Bureau of Investigation (CBI).
The applicant contended that the CBI had deliberately misinterpreted the Court’s order dated 03.11.2023 to curtail his personal liberty. According to the applicant, the order had directed him to join investigation within ten days and had also provided that a seven-day prior notice should be given before any arrest. He further referred to earlier orders dated 02.06.2022 and 08.06.2022, which had required the investigating agency to take appropriate steps regarding the Look-Out Circulars (LOCs) issued against him. The applicant argued that despite these directions, the CBI maintained that no seven-day advance notice before arrest was required and that the earlier order had not cancelled the pending non-bailable warrants (NBWs) or LOCs.
The applicant submitted that his counsel had appeared before the Special Judge on 07.11.2023, seeking withdrawal of LOCs and cancellation of NBWs in view of the High Court’s order. The Special Judge subsequently stayed the execution of NBWs until 13.11.2023, subject to the applicant joining investigation within the stipulated period. It was further clarified that the NBWs would stand recalled upon his appearance before the investigating officer and that any decision regarding arrest would have to comply with the High Court’s directions. The Special Judge also observed that the CBI should inform the concerned authorities of the court orders so that the purpose of granting time to join the investigation was not frustrated by execution of the LOC.
