Delhi High Court - Orders
Naresh Jain vs State (Nct Of Delhi) & Anr on 1 October, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.1902/2020
NARESH JAIN ..... Petitioner
Through: Mr.Vikram Chaudhri Sr.Advocate
with Mr.Naveen Malhotra,
Mr.Harshit Sethi, Mr.Rishi Sehgal &
Ms. Ria Khanna, Advocates
versus
STATE (NCT OF DELHI) & ANR. .... Respondents
Through: Mr.Kewal Singh Ahuja, APP for State
Mr.S.V.Raju, ASG with Mr.Amit
Mahajan, CGSC with Mr.Zoheb
Hussain, Mr.A.Venkatesh, Mr.Guntur
Pramod Kumar, Ms.Sairica Raju,
Mr.Manan Popli. Mr.Rajeev Ranja,
Mr.Shaurya R. Rai, Mr.Bhushan Oza,
Ms.Mallika Hiramath, Adv for R-2
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 01.10.2020 (Hearing through Video Conferencing) Crl.M.A. No. 13600/2020 Exemption allowed, subject to just exceptions. Crl.M.C. No. 1902/2020 and Crl.M.A. No. 13599/2020 The petitioner vide the present petition has made the following prayers:
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.10.2020 22:42"(a) Hold the investigations into the 'non-cognizable' offence(s) under PMLA without seeking order of the Magistrate as per Section 155 Cr.P.C. to be null and void ab initio; and in the alternative to the above, in the event that the offence under the PMLA is construed to be 'cognizable', it may be held that such offences without recording the FIR and without following the procedure prescribed under Chapter XII of Cr.P.C. i.e. Sections 154, 156, 157, 172 Cr.P.C. etc. are illegal non-est, null and void ab initio; without jurisdiction;
unconstitutional, arbitrary, violative of Article 14 and 21 of the Constitution of India;
(b) Quash the investigations under PMLA conducted by the Respondent No.2 Enforcement Directorate in ECIR/05/HIU/2018 dated 01.11.2018and all consequential proceedings arising therefrom being violative of the 'procedure established by law';
(c) Quash the impugned the Arrest Order dated 01.09.2020 vide which the Respondent No.2 exercised power to arrest in terms of Section 19 of PMLA and all consequential proceedings arising therefrom including impugned Remand Order(s) dated 02.09.2020 (Annexure P-1), 11.09.2020 (Annexure P-2) & 14.09.2020 (Annexure P-3) passed by the Learned Additional Sessions Judge, Rohini Courts, New Delhi as the same are patently routine; absolutely mechanical; manifestly illegal & depictive of gross non application of mind;
d) Pass such other Order(s) or Direction(s) as this Hon'ble Court may deem fit in the peculiar facts and circumstances of the case in favour of the petitioner."
The petition is vehemently opposed on behalf of the respondent No.2 submitting inter alia to the effect that the issue already stands settled vide a verdict of the Hon'ble Supreme Court which aspect is refuted on behalf of the petitioner submitting inter alia to the effect that Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.10.2020 22:42 a similar aspect is under consideration in Crl.M.C. No. 6363/2019 before this Court. As regards the prayer that has been made in Crl.M.A. No. 13599/2020 with inter alia prayer Clause (b) submitting to the effect that an interim stay having been granted in all further proceedings in relation to ECIR/05/HIU/2018, it informed on behalf of the petitioner that the petitioner is already in custody. The response of the respondent to the petition be submitted.
Renotify for consideration on 2.11.2020. The copy of the petition be supplied to the State by the petitioner.
ANU MALHOTRA, J OCTOBER 01, 2020/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.10.2020 22:42