Delhi High Court - Orders
Assistant Director Directorate Of ... vs Kewal Krishna Kumar on 10 November, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~22 to 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1455/2021 & CRL.M.A. 9978/2021
ASSISTANT DIRECTOR DIRECTORATE
OF ENFORCMENT ..... Petitioner
Represented by: Mr S. V. Raju, ASG with Mr Amit
Mahajan, CGSC, Mr Zoheb Hossain,
Spl. Counsel for ED, Mr Mohd.
Faraz, SPP with Mr Vivek Gurnani,
Advocates for ED.
versus
KEWAL KRISHNA KUMAR ..... Respondent
Represented by: Mr Tanveer Ahmed Mir, Mr Prabhav
Ralli and Mr Vaibhav Suri,
Advocates.
WITH
23.
+ CRL.M.C. 1598/2021 & CRL.M.A. 11154/2021, CRL.M.A.
13866/2021 & CRL.M.A. 13867/2021
DIRECTORATE OF ENFORCEMENT ..... Petitioner
Represented by: Mr S. V. Raju, ASG with Mr Amit
Mahajan, CGSC, Mr Zoheb Hossain,
Spl. Counsel for ED, Mr Mohd.
Faraz, SPP with Mr Vivek Gurnani,
Advocates for ED.
versus
AMARENDRA DHARI SINGH ..... Respondent
Represented by: Mr Madhav Khurana along with Ms
Trisha Mittal and Mr Ankit Bhatia,
Advocates.
AND
Signature Not Verified
CRL.M.C.Nos.1455, 1598 & 1667 of 2021 Page 1 ofGUPTA
3
Digitally Signed By:JUSTICE
MUKTA
Signing Date:10.11.2021
21:41:23
24.
+ CRL.M.C. 1667/2021 & CRL.M.A. 11701/2021, CRL.M.A.
12398/2021 & CRL.M.A. 12399/2021
DIRECTORATE OF ENFORCEMENT ..... Petitioner
Represented by: Mr S. V. Raju, ASG with Mr Amit
Mahajan, CGSC, Mr Zoheb Hossain,
Spl. Counsel for ED, Mr Mohd.
Faraz, SPP with Mr Vivek Gurnani,
Advocates for ED.
versus
RAJEEV SHARMA ..... Respondent
Represented by: Mr Amish Aggarwala, Mr Kuldeep
Jauhari, Mr Rajat Bhatia, Mr Karan
Ahuja, Mr Anubhav Tyagi, Mr Aditya
Pathak, Mr Vishesh Goel, Mr Sagar
Aaditya Singh and Mr Anubhav
Singh, Advocates.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 10.11.2021 The hearing has been conducted through physical mode.
1. Learned counsel for the respondent has placed on record the various proposed issues, which are pending consideration before the Hon'ble Supreme Court in SLP (C) No.29273/2011. The issue no.3 as proposed by Mr S. Niranjan Reddy, Senior Advocate in the said SLP is as under:
"3. When can an investigation be stated to commence under PMLA? Who and at what stage can be termed as an accused? Whether ECIR can be treated as an FIR for the applicability of CrPC provisions and for testing the invasion Signature Not Verified CRL.M.C.Nos.1455, 1598 & 1667 of 2021 Page 2 ofGUPTA 3 Digitally Signed By:JUSTICE MUKTA Signing Date:10.11.2021 21:41:23 of any of the constitutional rights available to persons accused of a crime?"
2. In view of the fact that the Hon'ble Supreme Court is seized of the matter in relation to the issue which is raised in the present petition, list these petitions on 11th February, 2022.
3. Order be uploaded on the website of this Court.
MUKTA GUPTA, J NOVEMBER 10, 2021 MK Signature Not Verified CRL.M.C.Nos.1455, 1598 & 1667 of 2021 Page 3 ofGUPTA 3 Digitally Signed By:JUSTICE MUKTA Signing Date:10.11.2021 21:41:23