Delhi High Court - Orders
Ecir/18/Hiu/2020) Dk Shivakumar vs Assistant Director, Directorate Of ... on 23 November, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2558/2022
CRL.M.A. 22483/2022 (for stay of the impugned proceedings in
ECIR/18/HIU/2020)
DK SHIVAKUMAR ..... Petitioner
Represented by: Mr. Kapil Sibal and Mr. Dayan
Krishnan, Sr. Advocates with
Mr.Mayank Jain, Mr. Parmatma
Singh and Mr. Madhur Jain,
Advocates.
versus
ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT
..... Respondent
Represented by: Mr. Zoheb Hossain, Standing
Counsel with Mr. Vivek Gurnani
and Mr.Rajeev Kumar, Investigating
Officer, E.D.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 23.11.2022
1. Having heard the learned counsels for the parties, the two major issues which arise in this petition for consideration, firstly, whether in view of the decision of the Hon'ble Supreme Court in T.T.Antony Vs. State of Kerala (2001) 6 SCC 181, the second FIR/ECIR/complaint can be registered/recorded/filed for an offence for which already an investigation has been carried out and a complaint filed. The second issue involved in Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:25.11.2022 16:54:51 this petition is whether the tainted money having been held to be disproportionate asset under Section 13(1)(e) of the Prevention of Corruption Act, can fall within the ambit of an offence of money laundering, for the reason, the said money has already been held to be disproportionate in the hands of the accused or any other person.
2. Learned Senior Counsel for the petitioner states that in view of the second issue involved, the vires of the provision has also been challenged, however, there is no response by the respondent to the said grounds.
3. Learned Standing Counsel for the respondent states that the second issue involved in the petition though not covered in the reply affidavit, however, will be addressed during the course of hearing.
4. Rejoinder affidavit, if any, be filed within one week.
5. Written submissions be filed by the parties before the next date.
6. List on 2nd December 2022.
7. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
ANISH DAYAL, J.
NOVEMBER 23, 2022/akb Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:25.11.2022 16:54:51