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2024 (8) TMI 1215

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.... Judgment dated 19.07.2024 passed by this Court in W.P(CRL.)2903/2019) 1. The application has been filed on behalf the petitioner for recall of the judgment dated 19.07.2024 passed in Writ Petition (Crl.) No. 2903/2019. 2. It is submitted in the application that the aforementioned petition has been dismissed without dealing with any of the grounds raised by the petitioner and without dealing with the submissions made in the written submissions which were placed on record. Several grounds had been raised to show why the ECIR No.2 of 2017 deserve to be quashed against the petitioner, but the Writ Petition has been dismissed without answering two seminal questions of law arising in the facts of the case-i.e., (i) whether the Respondent/ED....

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.... paragraph 15 is accordingly made and it be read that the summons under Section 50 PMLA dated 30.09.2019 were issued by ED, which had been stayed by this Hon'ble Court. 9. In paragraph 76 it has been mentioned that it is the ED's case that Sana paid a sum of INR 12.69 Crores to Qureshi. However, the correct position is that the ED had alleged that a sum of INR 2.25 crores was paid by the petitioner to Qureshi. 10. The correction in paragraph 76 is accordingly made and it be read that the ED had alleged that a sum of INR 2.25 crores was paid by the petitioner to Qureshi. 11. In paragraph 80 it has been erroneously written that Sana has admitted to pay crores to Qureshi for obtaining illegal favours from government servants, when in fact t....

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....the petition is liable to be dismissed in the light of observations of Supreme Court in the judgement of Vijay Madan Lal Choudhary (supra). 18. This contention of the petitioner is not tenable as these aspects have been squarely addressed in paragraph 88 and 89, wherein it has been clearly indicated that the Apex Court in Vijay Bhatia (supra) has deprecated the practice of filing Writ Petitions challenging the validity of Section 50 of the Act despite its validity having been decided in Vijay Madan Lal Choudhary (supra). 19. We may observe before concluding, that the prayer made in both the Writ Petitions was to challenge the constitutional validity of Section 50 PMLA. It paragraph 84 of the impugned Order, reference has been made to th....