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[Cites 3, Cited by 2]

Karnataka High Court

Mr Bineesh Kodiyeri vs Directorate Of Enforcement on 4 November, 2020

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                     W.P.No.12202 of 2020
                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 4TH DAY OF NOVEMBER, 2020

                    BEFORE

  THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

   WRIT PETITION NO.12202 OF 2020 (GM - RES)

BETWEEN:

MR. BINEESH KODIYERI,
S/O MR. KODIYERI BALAKRISHNAN,
AGED ABOUT 37 YEARS,
KOOTAMVILLA LANE,
MARUTHANKUZHI,
THIRUVANANTHAPURAM DISTRICT,
KERALA STATE - 695 013.            ... PETITIONER

(BY SRI.SHIJU ABRAHAM VERGHIS, ADVOCATE AND
    SRI.RENJITH SHANKAR V., ADVOCATE)


AND:

DIRECTORATE OF ENFORCEMENT,
REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR (ED),
HON'BLE HIGH COURT OF KARNATAKA,
BENGALURU BENCH,
BENGALURU,
KARNATAKA STATE - 560 001.
                                   ... RESPONDENT

(BY SRI.P.PRASANNA KUMAR, STANDING COUNSEL)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO THE MATTER MAY BE POSTED BEFORE A SUITABLE
BENCH OF A HON'BLE HIGH COURT OF KARNATAKA
                                               W.P.No.12202 of 2020
                                  2



FOR UTMOST URGENT DISPOSAL TODAY ITSELF;
DIRECT THE ENFORCEMENT DIRECTORATE TO PERMIT
THE UNDERSIGNED ADVOCATES TO MEET THE
ACCUSED WHILE IN INTERROGATION AS PERMITTED IN
LAW IN STRICT COMPLIANCE OF ESSENCE OF ORDER
DK BASU V STATE OF WEST BENGAL (1997) 1SCC 416.

                          *****

    THIS WRIT PETITION COMING ON FOR ORDERS,
THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT
MADE THE FOLLOWING:

                         ORDER

1. Mr. Prasanna Kumar, learned standing counsel accepts notice for respondent No.1.

2. The petitioner has filed a memo by e-mail dated 03.11.2020 seeking for permission to withdraw the above matter on the ground that the learned Judge of CCH-34 has directed the respondents to comply with the dictum of D.K Basu v/s State of West Bengal, reported in AIR 1997 SC 416 and therefore, the above petition has become infructuous.

3. In the said memo it is not stated as to which case number the matter pertains to. However, since a memo of withdrawal has been filed, Sri. Shiju W.P.No.12202 of 2020 3 Abrahm Vergies, learned counsel for the petitioner appearing through video conference seeks permission to withdraw the above petition. Permission is granted.

4. Accordingly, the petition is dismissed as withdrawn.

5. A copy of this order to be released to the petitioner only on payment of court fee and compliance of other office objections.

Sd/-

JUDGE SSD