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Vijay Madanlal Choudhary vs Union Of India on 27 July, 2022

15. Learned senior counsel for the petitioner has also asserted that since the proceedings in the FIR pertaining to the scheduled offence have been stayed by a Division Bench of this Court, the proceedings under PMLA would also have to be kept in abeyance to await the final outcome of the decision of the Division Bench of this Court. However, this plea is bereft of any merit and deserves to be rejected. While the scheduled offence is pivotal to the accusations of money laundering as has been held by Hon'ble the Supreme Court in 23 of 25 ::: Downloaded on - 06-04-2024 14:13:44 ::: Neutral Citation No:=2024:PHHC:045226 2024:PHHC:045226 CRM-M-57266-2023 (O&M) -24- Vijay Madanlal Choudhary's case (supra), the proceedings under PMLA are distinct and independent. Therefore, a stay on criminal proceedings in the FIR initiated by respondent No.1-CBI would not extend to the proceedings for offences under PMLA, and they would have to await the outcome of the writ petition independently.
Supreme Court of India Cites 580 - Cited by 293 - A M Khanwilkar - Full Document

Devki Nandan Garg vs Directorate Of Enforcement on 26 September, 2022

2 (l). That in addition to the merits of the case, the petitioner is also suffering from a myriad of ailments in his advanced age of 74 years. In support, learned senior counsel has drawn the attention of this Court to the medical record of the petitioner. 2 (m). That the proviso of Section 45 of the PMLA carves out an exception to the rigours of twin conditions under Section 45 of the PMLA-(1) the determination of whether the petitioner would fall "sick and infirm", need not necessarily entail an inquiry into whether the ailments petitioner is suffering from are life threatening or not. Learned counsel submits that no doubt provisions provide medical facilities, however, such facilities cannot be reasonably compared with facilities available at a private hospital. The general medical set up of the jail would not be adequate to treat the petitioner who is suffering from a range of serious illnesses and requires regular follow up. In support, learned counsel has placed reliance upon Devki Nandan Garg Vs. Directorate of Enforcement : 2022 SCC OnLine Del 3086. 2 (n). That additionally, aside from the aforementioned submissions, the petitioner's wife is battling breast cancer and has undergone three cycles of chemotherapy. She is scheduled for mastectomy and requires support and care during this challenging time 7 of 25 ::: Downloaded on - 06-04-2024 14:13:44 ::: Neutral Citation No:=2024:PHHC:045226 2024:PHHC:045226 CRM-M-57266-2023 (O&M) -8-
Delhi High Court Cites 23 - Cited by 6 - J Singh - Full Document
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