Rajesh Katyal vs Directorate Of Enforcement Government ... on 20 January, 2026

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Delhi High Court - Orders

Rajesh Katyal vs Directorate Of Enforcement Government ... on 20 January, 2026

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 49/2026
RAJESH KATYAL .....Petitioner
Through: Mr. Vikas Singh and Mr. Vikas
Pahwa, Sr. Advocates with Mr.
Gurpreet Singh, Mr. Deepieka Kalia,
Mr. Sudeep Chandra, Mr. Jatin S.
Sethi, Mr. Bakul Jain, Ms. Namisha
Jain and Mr. Harshit Melti,
Advocates.
versus
DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA
.....Respondent
Through: Mr. Vivek Gurnani, Panel Counsel
with Mr. Kartik Sabharwal and Mr.
Pranjal Tripathi, Advocates for Mr.
Zoheb Hossain, Special Counsel.

CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER

% 20.01.2026 CRL.M.A. No.1598/2026_(exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

CRL.M.A. 1976/2026

By way of the present application filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), the petitioner seeks advancement of the date of hearing in the matter, which is otherwise posted on 30.01.2026.

W.P.(CRL) 49/2026 Page 1 of 7

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/01/2026 at 20:40:07

2. Mr. Vikas Singh and Mr. Vikas Pahwa, learned senior counsel appearing for the petitioner submit, that though the matter is posted on 30.01.2026, in view of what had transpired in court on 07.01.2026, they have moved the requisite application seeking amendment of the writ petition, which may be taken-up for hearing today itself.

3. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.

4. The matter is taken-up for hearing today.

5. The application stands disposed-of.

6. The date of 30.01.2026 given earlier stands cancelled.

CRL.M.A.1596/2026

7. By way of the present application filed under section 528 of the BNSS, the petitioner seeks amendment of the writ petition.

8. The prayer arises from what had transpired in the course of hearing on 07.01.2026, when it was pointed-out by learned counsel for the Directorate of Enforcement ('ED') that the principal prayer in the writ petition had been rendered infructuous, since the returnable dates for the summons that were challenged had already passed.

9. In view thereof, on 07.01.2026, learned senior counsel appearing for the petitioner had submitted, that they would make requisite amendments in the petition, to challenge the subsequent events.

10. The petition is at an initial stage.

11. No notice has been issued so far.

12. Furthermore, by way of the amendment, the petitioner is not seeking to delete any averment or assertion made in the original writ petition;

W.P.(CRL) 49/2026 Page 2 of 7

This is a digitally signed order.

13. In view of the prayer made, it is not considered necessary to issue notice on this application.

14. In view of the above, the application is allowed.

15. The Amended writ petition filed alongwith the application is taken on Board.

16. The application stands disposed-of.

W.P.(CRL) 49/2026

17. By way of the amended writ petition filed under Article 226 of the Constitution of India read with section 528 of the BNSS, the petitioner inter-alia seeks quashing of ECIR bearing No. GNZO/11/2025 dated 02.07.2025 registered against the petitioner by the ED, Gurugram Zonal Office.

18. Issue notice.

19. Mr. Vivek Gurnani, learned Panel Counsel appearing for the respondent accepts notice; and seeks time to file counter-affidavit.

20. Let counter-affidavit be filed within 06 weeks; response/rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

21. Re-notify on 28th April 2026.

22. The date of 30.01.2026 given earlier, stands cancelled. CRL.M.A.439/2026 (stay)

23. The present application seeking interim relief was filed with the original writ petition. Now, however, along with the amended writ W.P.(CRL) 49/2026 Page 3 of 7 This is a digitally signed order.

24. Accordingly, the present application is disposed-of as infructuous. CRL.M.A.1597/2026 (stay)

25. By way of the present application filed under section 528 of the BNSS, the petitioner seeks stay of proceedings emanating from ECIR No. GNZO/11/2025 dated 02.07.2025 registered by the ED.

26. Learned senior counsel appearing for the petitioner submit, that as recorded in order dated 07.01.2026, the company in relation to which the ED had initiated proceedings viz., M/s Angle Infrastructure Private Limited is undergoing Corporate Insolvency Resolution Process ('CIRP') before the National Company Law Tribunal ('NCLT'), Delhi; and since those proceedings have culminated in a resolution plan, which has been approved by a majority of the Committee of Creditors including the lender-bank, the matter is likely to end in closure of all proceedings, including the proceedings in the FIR that concerns the predicate offences.

27. Learned senior counsel submit, that in any event, it is their contention that the present ECIR dated 02.07.2025 is a second ECIR relating to the same offence and is therefore liable to be quashed.

28. Issue notice.

29. Mr. Gurnani, learned Panel Counsel appearing on behalf of the ED accepts notice; and submits that this court has no territorial jurisdiction to entertain or decide the present petition, since the project in relation to which the predicate offences arise, as well as the ECIR, have all been registered in Gurugram, Haryana.

W.P.(CRL) 49/2026 Page 4 of 7

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/01/2026 at 20:40:07

30. Furthermore, Mr. Gurnani submits, that even closure of the proceedings in the predicate offences, if at all that were to happen in the proceedings before the NCLT Delhi, would not necessarily mean the closure of the proceedings in the subject ECIR.

31. Mr. Gurnani also points-out, that as they had submitted on 07.01.2026, it is the ED's case that the Resolution Professional appointed by the NCLT was a 'related party'; and his appointment ought to be revoked. Learned counsel reiterates, that the ED has moved an application before the NCLT, Delhi making that prayer.

32. In response to the objection as to the territorial jurisdiction of this court, learned senior counsel appearing for the petitioner draw attention to the remand application filed by the ED against the petitioner in the first ECIR, a copy of which is appended as Annexure-J to the original writ petition; to point-out that the said remand application was filed before the Saket Court, Delhi; and in that application, the ED had inter-alia stated the following:

"37. That the Accused/Arrestee is being produced before this Hon'ble Court having territorial and subject matter jurisdiction within a period of 24 hours of his arrest in compliance of Section 19(3) PMLA and it is humbly prayed that this Hon'ble Court may kindly allow arrestee to be taken into ED custody and be investigated for a period of 7 days."

(emphasis supplied)

33. Besides, learned senior counsel point-out, that the predicate offences, on which the subject ECIR is based, are comprised in two FIRs:

33.1. FIR No.48/2023 dated 12.06.2023 registered under sections 406/420/120-B of the Indian Penal Code 1860 ('IPC') at P.S.:

W.P.(CRL) 49/2026 Page 5 of 7

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/01/2026 at 20:40:07 Economic Offences Wing, South-East Delhi in which the petitioner is named; and 33.2. FIR No.522/2024 dated 07.11.2024 registered under sections 120-B/420 of the IPC at P.S.: Badshahpur, Gurugram, in which however, the petitioner is not named.

34. Learned senior counsel reiterate, that the CIRP proceedings are pending before the NCLT, Delhi.

35. Moreover, it is argued, that in the course of investigation in the present ECIR, the petitioner has joined investigation on 02 occasions viz., on 13.01.2026 and 16.01.2026 but the Investigating Officer ('I.O.') has never expressed the need to arrest the petitioner; and he also undertakes to continue to join investigation as and when required by the I.O.

36. Learned senior counsel however express apprehension, that the I.O.

may take any coercive steps against the petitioner, simply by reason of the fact that he has filed the present petition,.

37. Mr. Gurnani seeks time to file a reply to the present application.

38. Let reply to the application be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

39. On a conspectus of the above, the following considerations weigh with the court at this stage:

39.1. That the subject ECIR is dated 02.07.2025 and the petitioner has joined investigation on 02 occasions viz., on 13.01.2026 and 16.01.2026;

W.P.(CRL) 49/2026 Page 6 of 7

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/01/2026 at 20:40:07 39.2. That the CIRP proceedings before the NCLT, Delhi are at an advanced stage; that a majority of the Committee of the Creditors have agreed to a resolution plan, which is pending consideration before the tribunal; and, if that resolution plan is accepted, the predicate offences would stand closed; and 39.3. That the petitioner has also undertaken that he would continue to join investigation, as and when called by the I.O.

40. Considering the above circumstances, it is directed that subject to the petitioner joining investigation as and when called by written notice by the I.O., no coercive steps shall be taken against the petitioner in the subject ECIR, till the next date of hearing before this court.

41. Re-notify on 28th April 2026.

42. The date of 30.01.2026 given earlier, stands cancelled.

ANUP JAIRAM BHAMBHANI, J JANUARY 20, 2026/ak W.P.(CRL) 49/2026 Page 7 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/01/2026 at 20:40:07

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Delhi High Court - Orders