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CBI's Appeal Rejected In Retired High Court Judge Quddusi Case, Delhi HC Said - Asking For Personal Information Under Section 91 Is Wrong

Delhi High Court upheld the trial court's order canceling the notice issued to retired Chhattisgarh High Court Justice IM Quddusi.

Jagran correspondent, New Delhi. The Delhi High Court has upheld the trial court's order to cancel the notice issued by the investigating agency to retired Chhattisgarh High Court Justice IM Quddusi in the corruption case. CBI had filed a petition against the said order.

In the notice, CBI had sought information about Quddusi's mobile number, bank accounts and domestic staff. A bench of Justice Nina Bansal Krishna said the CBI notice was issued under Section 91 of the Code of Criminal Procedure (CrPC), which is meant to produce documents or materials already in existence and not to compel an accused to produce information based on personal information.

The court ruled that by issuing a notice under Section 91, the petitioner agency was trying to bypass the process of inquiry. The court said that this is an attempt to convert oral examination into a mandatory order to produce, subject to the will and rights of the accused.

Justice Quddusi was booked in a 2019 FIR by the CBI accusing him of conspiracy to obtain a favorable judicial order for Prasad Education Trust. This medical college was banned by the Ministry of Health and Family Welfare.

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