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2023 Supreme(Del) 5432

SWARANA KANTA SHARMA
Guangwen Kuang @ Andrew – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Abhishek Manu Singhvi and Mr. Siddharth Agarwal, Senior Advocates with Mr. Mudit Jain, Mr. Aashul Agarwal, Mr. Kunal Dewan, Mr. Aarohi Mikkilinani, Ms. Shradhanjali Parida, Mr. A. Singhvi, Mr. Vivek Kumar Singh, Mr. Vishwajeet, Ms. Rudrali, Ms. Mahima Malhotra and Mr. Ayush Goswami, Advocates, for the Petitioner.
Mr. Manish Jain, Special counsel, for R-1/E.D.

JUDGMENT

Swarana Kanta Sharma, J. (Oral)

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking setting aside of impugned remand order dated 10.10.2023, passed by learned Additional Sessions Judge-05, Patiala House Court, New Delhi (`Sessions Court') in case titled `Directorate of Enforcement vs. Nitin Garg & Ors.' in ECIR bearing no. ECIR/STF/02/2022 for offence punishable under Section 3 & 4 of the Prevention of Money Laundering Act, 2002 (`PMLA'), and for directing the release of petitioner.

2. In the present case, an FIR bearing no. 807/2021 was registered on 05.12.2021 at Police Station Kalkaji, New Delhi under Sections 417/420/120B of Indian Penal Code, 1860 (`IPC') and another FIR bearing no. 190/2021 was registered under Sections 417/420/468/471/120B of IPC, against one M/s. Grand Prospect International Communication Pvt. Ltd. (`GPICPL') on the basis of a complaint lodged by the Ministry of Corporate Affairs (`MCA').

3. In brief, the allegations in the said FIR are that certain Chinese shareholders of GPICPL had used forged identification documents and falsified addresses, while projecting it

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