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C. V. BHASKAR REDDY
M. Malla Reddy – Appellant
Versus
Union of India – Respondent
ORDER
This Writ Petition is filed assailing the action of respondent No.3 in issuing summons bearing No. PMLA/SUMMON/HYZO/ 2024/2633 in File No.ECIR/HYZO/26/22 dated 07.02.2024 to the petitioner under Section 50 (2) and (3) of Prevention of Money Laundering Act, 2002 (for short “PMLA Act”), calling upon him to attend before him, despite the case in S.C.No.16 of 2023 is pending on the file of learned Metropolitan Sessions Judge-cum- Special court under PMLA Act, 2002, at Nampally, Hyderabad, as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and in contravention with provisions of PMLA Act, and for other consequential reliefs.
2. The brief facts of the case that are necessary for disposal of the writ petition are stated under:
3. The petitioner claims to be Director of M/s. Farmax India Limited upto 23.11.2011 and thereafter he resigned from his directorship. It is stated that the petitioner herein is looking after sales and marketing division of the company. Basing on the FIR No.664/2013 dated 29.10.2013 registered on the file of Station House Officer, Dundigal Police Station, the respondent No.3 herein registered ECIR No.IHY/ZO/26/2022 on 05.05.2022.
(1) Money laundering – Law does not mandate taking of prior permission from Magistrate for carrying out further investigation, even after filing of charge-sheet.(2) Mere issuance of summons to accuse....
The Enforcement Directorate can issue summons for further investigation under the PMLA Act without prior permission from the Special Court, and this does not violate the accused's rights under Articl....
(1) There is a statutory right of police to investigate cognizable crime without requiring any authority from judicial authority – Functions of judiciary and police are complementary, not overlapping....
The issuance of summons by the ED under Section 50 of the PMLA is part of the lawful investigation and does not amount to legal or factual malice unless the Applicant can establish otherwise.
Money Laundering – Issuance of summons – PMLA is a self-contained Code and dispensations envisaged thereunder, must prevail – At the stage of issue of summons, the person cannot claim protection unde....
Mere summons does not constitute a positive action entitling petitioner to question it in a writ petition – Mere charge-sheet or show-cause notice does not give rise to any cause of action.
A writ petition challenging a summons issued under the Prevention of Money-Laundering Act is premature and not maintainable, as such inquiry does not require a prior formal criminal report, and tax s....
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