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2023 Supreme(Del) 5359

SWARANA KANTA SHARMA
Amit Katyal – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Mukul Rohtagi, Senior Advocate with Ms. Bina Gupta, Mr. Gurpreet Singh, Mr. Bakul Jain, Ms. Sheena, Ms. Akasha Saini, Mr. Shiv Kumar Gupta and Mr. Naman Agarwal, Advocates, for the Petitioner.
Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani, Mr. Baibhav, Mr. Kartik Sabharwal and Mr. Ankur Tiwari, Advocates, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J.

1. By way of present writ petition filed under Article 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.`), the petitioner seeks grant of following reliefs:

    "i. Issue a Writ of Certiorari of any Writ, Order or Direction of like nature directing the calling of records in relation to ECIR No. 31/2022 and direct quashing of the proceedings against the Petitioner in the impugned ECIR as an accused; and/or

    ii. Issue a Writ of Prohibition of any Writ, Order or Direction of like nature restraining the Respondent from taking any coercive action against the Petitioner in respect of the ECIR No. 31/2022 including conducting further investigation & quashing summon dated 06.10.2023 qua the Petitioner; and/or

    iii. Issue a Writ of Declaration of any Writ, Order or Direction for quashing of the Enforcement Directorate case against the petitioner qua ECIR No. 31/2022 by quashing the impugned ECIR, summon dated 06.10.2023 and all the proceedings emanating therefrom; and

    iv. Pass any other order or directions that this Hon`ble Court may deem fit and proper in the facts and circumstances of the case in favor of the petitio

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