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2023 Supreme(Del) 5661

ANUP JAIRAM BHAMBHANI
Ashish Mittal – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Mohit Mathur, Senior Advocate, with Mr. Shikhar Sharma, Mr. Mayank Sharma and Mr. Harsh Gautam, Advocates, for the Appellant; Mr. Anupam S. Sharma, Special Counsel with Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Ripudaman Sharma, Mr. Abhishek Batra and Mr. Vashisht Rao, Advocates for Respondents/ED., for the Respondents.

JUDGMENT

Anup Jairam Bhambhani J.

W.P.(CRL) 2416/2023 & CRL.M.A. 22727/2023

1. By way of the present petition filed under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973 (Cr.P.C.), the petitioner/Ashish Mittal, seeks a direction quashing ECIR bearing No. ECIR/DLZO-I/04/2020 registered by the respondents/Directorate of Enforcement (ED) on 04.03.2020. By way of the accompanying application bearing Crl. M.A. No. 22727/2023 filed under section 482 Cr.P.C. the petitioner seeks "Stay of the entire proceedings emanating from the ECIR bearing No. ECIR/DLZO-I/04/2020 and now being investigated... " by the ED; and a further direction that the ED be directed not to take any coercive steps against the petitioner curtailing his personal liberty.

Brief Background

2. The immediate provocation for the petitioner to approach the court is summons dated 18.08.2023 issued to him by the Assistant Director, Directorate of Enforcement, Chandigarh under section 50(2) and (3) of the Prevention of Money Laundering Act, 2002 (PMLA), requiring the petitioner to appear before the ED on 21.08.2023.

3. The petitioner states in the petition that he "...has a strong

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