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Supreme Court - Daily Orders

Swarna Daga Mimani vs Directorate Of Enforcement on 13 March, 2023

Bench: V. Ramasubramanian, Pankaj Mithal

                                                                                       Diary No(s). 7120/2023


     ITEM NO.38                                    COURT NO.15                        SECTION II-C

                                      S U P R E M E C O U R T O F              I N D I A
                                              RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 7120/2023
     (Arising out of impugned final judgment and order dated 27-08-2022
     in CRC No. 2/2019 passed by the Special Judge (PC Act), CBI, Rouse
     Avenue District Court)

     SWARNA DAGA MIMANI                                                               Petitioner(s)

                                                           VERSUS

     DIRECTORATE OF ENFORCEMENT                                                       Respondent(s)

     (FOR ADMISSION and I.R. and IA No.39198/2023-CONDONATION OF DELAY
     IN FILING and IA No.39196/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT )

     Date : 13-03-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
                             HON'BLE MR. JUSTICE PANKAJ MITHAL

     For Petitioner(s)                    Mr. Abhimanyu Bhandari, Adv.
                                          Ms. Kartika Sharma, Adv.
                                          Mr. Kumar Vaibhaw, Adv.
                                          Ms. Somaya Gupta, Adv.
                                          Ms. Devina Sehgal, AOR

     For Respondent(s)

                               UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

It is stated by the learned counsel for the petitioner that the petitioner has not been named in the FIR filed for the predicate offence, but is listed as one of the witnesses by the CBI. Yet by the impugned order, the petitioner has been summoned Signature Not Verified as A-6. A perusal of the impugned order shows that the Court Digitally signed by SONIA BHASIN has Date: 2023.03.15 16:38:56 IST Reason:

not taken note of any specific role played by the petitioner. 1 Diary No(s). 7120/2023 Therefore, issue notice, returnable in six weeks. Dasti service, in addition, is permitted. In the meantime, further proceedings pursuant to the impugned order dated 27.08.2022 passed by the Ld. Special Judge, Special Judge (PC Act) (CBI), (Coal Block Cases) Rouse Avenue District Courts, New Delhi in the Criminal Complaint No. 02 of 2019 qua the petitioner alone shall remain stayed.
(SONIA BHASIN) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) 2