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Rajasthan High Court - Jaipur

Dinesh Kumar Verma S/O Shri Mohan Lal B/C ... vs Assistant Director Enforcement ... on 4 February, 2019

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Criminal Miscellaneous (Petition) No. 773/2019

Dinesh Kumar Verma S/o Shri Mohan Lal B/c Verma
                                                        ----Petitioner
                                Versus
Assistant Director Enforcement Directorate
                                                     ----Respondent


For Petitioner(s)        :   Mr. Vivek Goyal
For Respondent(s)        :   Ms. Meenakshi Pareek, PP



  HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

                                Order

04/02/2019

             Counsel for the petitioner has submitted that in case of

co-accused Pushpendra Agrawal, this court in S.B. Criminal Misc.

Petition No.7892/2018 on 17.12.2018 had passed the following

order:-
                        "Instant    petition   has   been
             preferred under Section 482 Cr.P.C. praying
             therein that the order dated 5.12.2018
             passed by the Special Sessions Court, Jaipur
             (Prevention of Money Laundering Act, 2002)
             (Special Court of Communal Riots Cases),
             Jaipur Metropolitan, whereby the said court
             in a complaint case while taking cognizance
             against the petitioner of offences punishable
             under Sections 3 and 4 of Prevention of
             Money     Laundering      Act,   2002,    has
             summoned the petitioner through arrest
             warrants, be set aside.
                   The learned counsel appearing for the
             petitioner during the course of arguments
             has made an alternative submission that the
             arrest warrants issued by the said Court be
             converted as bailable warrants.
                   Counsel appearing for the petitioner
             has relied upon the case of Inder Mohan
             Goswami & Another Vs. State of
             Uttaranchal & Others, reported in A.I.R.
             2007 (12) 1, to contend that the trial Court
                                                          (2 of 2)                       [CRLMP-773/2019]


                                               at first instance should not have issued
                                               warrant of arrest to summon the petitioner.
                                                     It is urged that in a complaint case
                                               petitioner at first instance should not have
                                               been summoned through arrest warrant.
                                                     I have heard ld. counsel appearing for
                                               the petitioner and ld. Public Prosecutor

appearing for the State.

In the light of judgment relied, the arrest warrants issued against the petitioner is converted as bailable warrants.

In view of above, the present petition is disposed of."

Counsel for the petitioner prays that the present petition be disposed of, in same terms as in order dated 17.12.2018 passed in Pushpendra Agarwal vs Mukesh Kumar Meena, Assistant Director, Enforcement Directorate, Jaipur Zonal, in S.B. Criminal Misc. Petition No.7892/2018.

As prayed, the present petition is disposed of, in same terms as in S.B. Criminal Misc. Petition No.7892/2018, Pushpendra Agarwal vs Mukesh Kumar Meena, Assistant Director, Enforcement Directorate, Jaipur Zonal, decided on 17.12.2018.

(KANWALJIT SINGH AHLUWALIA),J Heena/175 Powered by TCPDF (www.tcpdf.org)