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2021 Supreme(Del) 494

SUBRAMONIUM PRASAD
In The Matter Of: Dr Vijay Kumar Sharma – Appellant
Versus
Dy Commissioner Of Police, Economic Offence Wing – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Praveen Chaturvedi, Advocate
For the Respondent:Mr. Avi Singh, ASC with Mr. Tanuj Bhadana, Advocate Mr. Amit Mahajan, adv

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This writ petition under Article 226 of the Constitution of India has been filed with the following prayers:

    "(a) issue a Writ of Prohibition or any other Writ of like nature thereby Prohibiting the Respondent No. 1, to proceed with the investigation in FIR No. 123/2019, PS: EOW, Delhi against the Petitioners herein, being excluded per se Section 45(1A) of the Prevention of Money Laundering Act, 2002; in view of ensuing Proceedings being OA no. 38812020 pending before Hon'ble Adjudicating Authority (PMLA); and

(b) issue a Writ of Mandamus or any other Writ of like nature thereby commanding the Respondent No. 1 to abstain from taking any coercive action, enquiry against the Petitioners, pursuant to investigation in FIR No. 123/2019, PS: EOW, Delhi; and

(c) issue a Writ of Certiorari or any other Writ of like nature and quash the notices dated 15.02.2021, 30.03.2021 15.04.2021 [Annexure(s) P-8, P-9 & P-11 respectively] issued by the Respondent No. 1 to the Petitioner No. 2; and

(d) To pass such other direction/order as deemed appropriate in order to meet the ends of justice and in the interest of law."

2. Notice was issued on 04.06.2021. Status Report h

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