2020 (8) TMI 938

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....f. W.P.(CRL) 1342/2020 & Crl.M.A.No.11823/2020 4. This writ petition has been filed by the petitioner with following prayers:- "A. Issue a Writ of Certiorari or any other appropriate writ, order or direction quashing the Summons dated 19.08.2020 and 22.08.2020 issued by the Respondent No. 2/3 to the Petitioner herein in relation to ECIR/DLZO/I/02/2019 dated 25.04.2019 and all consequential proceedings emanating therefrom qua the Petitioner herein; and B. Issue a Writ of Certiorari or any other appropriate writ, order or direction directing the entire search and seizure proceedings conducted by the Respondent ED on 19.08.2020/ 20.08.2020 at the Gurgaon as well as Dwarka residence of the Petitioner herein to be illegal and quashing al....

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....ents and he was made a witness in such complaint. The allegations were the promoters had diverted the stocks of this company to various third parties and the value of such stock being more than Rs.700 crores. 8. The learned senior counsel for petitioner submitted the petitioner on 07.02.2020 had lodged a report qua diversion of the stocks with the Committee of Creditors and even moved an application under Section 66 of the Insolvency Bankruptcy Code for taking action against the erstwhile promoters. It is also submitted whilst all this was happening, the summons were sent to him under Section 50 of the Prevention of Money Laundering Act (PMLA) on 19.08.2020 asking him to appear before the respondents on the said date itself. Since the peti....

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....He also referred to Section 236 of the Code to say nothing contained in any other law for the time being in force, no Court shall take cognizance of any offence under the Code. Hence, it is submitted that the petitioner ought not to have been impleaded as an accused, as he has done all acts in good faith and further he being cited as a witness earlier. Reference is also made to various orders passed by the Coordinate Bench of this Court; on 24.02.2020 and 03.03.2020 in W.P.(Crl) No.544/2020; order dated 23.08.2019 passed by the Division Bench in W.P.(Crl) No.2353/2019. The relevant portion of order dated 23.08.2019 notes as under:- "Looking into the fact that in the year 2017 the statement of the petitioner was recorded under Section 50 (....