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2022 Supreme(Del) 202

RAJNISH BHATNAGAR
Abhishek Banerjee – Appellant
Versus
Directorate Of Enforcement – Respondent


Advocates Appeared:
Mr. Kapil Sibal, Sr. Advocate, with Mr. Siddharth Aggarwal, Sr. Advocate, Mr. Angad Mehta, Mr. Rupin Bahal, Mr. Adit S. Pujari Mr. Abhinav Sekhri and Ms. Arshiya Ghose, Advocates, for the Appellant; Mr. Tushar Mehta, SG, Mr. S.V. Raju, ASG, with Mr. Amit Mahajan, CGSC, Mr. Kanu Agarwal and Mr. Kritigya Kumar Kait, Advocates. Mr. Ajay Dig

JUDGMENT

1. The brief facts of the case are as follows :

    a. On 27.11.2020, an FIR/RC was registered by the CBI ACB, Kolkata bearing No. RC0102020A0022 ("RC") under Sections 120B and 409 of the Indian Penal Code, 1980 ("IPC") and Sections 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act, 1988 ("PC Act"). The primary allegations in the RC were that illegal excavation and theft of coal was taking place in the leasehold areas of Eastern Coalfield Ltd. (hereinafter referred to as "ECL") by one Anup Majee @ Lala with active connivance of certain ECL employees.

    b. On 28.11.2020, ECIR bearing No. 17/HIU/2020 ("ECIR") was registered. Various Summons(es) were issued to Petitioners No. 1 and 2 by the Respondent in relation to the ECIR on several occasions seeking their appearance in New Delhi along with voluminous documents. Replies were furnished by the Petitioners to the said Summons(es) which have been annexed with the Writ Petition.

    c. Summons dated 18.08.2021 was issued seeking personal appearance of Petitioner No. 1 on 06.09.2021. The Petitioner No. 1 in compliance of the Summons, joined investigation on 06.09.2021. After Petitioner No. 1 was examined by the respondent,

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