A writ petition challenging a summons issued under the Prevention of Money-Laundering Act is premature and not maintainable, as such inquiry does not require a prior formal criminal report, and tax settlement immunity does not preclude independent investigations into laundering proceeds of crime.

JUDGMENT :

1.The original petition has been filed praying for the following reliefs;

“A. Call for the records leading to the investigation being carried out in ECIR/KCZO/11/2024 by the Respondent under the provisions of Prevention of Money Laundering Act, 2002 and to quash ECIR/KCZO/11/2024 and all investigations and proceedings emanating therefrom by the issuance of a writ of certiorari or such other writ, order or direction;

B. Call for the records leading to issuance of Exhibits P-6 to P-9 Summons dated 08.04.2024 and Exhibit P-11 email dated 11.04.2024 by the Respondent and quash the same by the issuance of a writ of certiorari or such other writ, order or direction;

C. Writ of Mandamus or any other writ, order or direction, directing the respondent to comply with the request made by the Petitioner company in Exhibit P-10 email dated 10.04.2024.

D. Pass such other orders and grant such other reliefs as this Hon’ble Court may deem fit, proper, just and necessary in the facts and circumstances of this case and in the interest of justice, equity and good conscience.”

2. On 25.01.2019, a search was carried out by the officers of the Income Tax Department, at the factory and offices of the 1^st petitioner Company and the residences of the Managing Director and key employees of the 1^st petitioner, under Section 132 of the Income Tax Act, 1961. On 29.11.2019, notices were issued under Section 153A and Section 143A of the Income Tax Act with reference to Assessment Years 2013-14 to 2019-20. On 06.11.2020, the 1^st petitioner filed an application under Section 245C of the Income Tax Act before the Income Tax Settlement Commissioner, and the application was numbered as KL/KO 51/2020-2021/10 and 11/IT. On 12.06.2023, an order was issued by the Interim Board for settlement -II, New Delhi under Section 245D(4) of the Income Tax Act. According to the petitioners, by virtue of the above order, complete immunity was granted to the 1^st petitioner, under Section 245H of the Income Tax Act, from prosecution for any offence under the Income Tax Act, for the above referred assessment years.

3. On 25.09.2023, a complaint was filed by one Mr. Shone George against the 1^st petitioner, before the Ministry of Corporate Affairs, seeking an investigation into the affairs of the Company under Section 210(1)(c) and Section 212 of the Companies Act. The complainant filed WPC No.42092 of 2023 before this Court seeking a direction to the Ministry of Corporate Affairs to investigate into the affairs of the Company. On 12.01.2024, the Ministry of Corporate Affairs passed an order under Section 210(1)(c) of the , appointing three Inspectors under Section 210(3) to investigate into the affairs of the 1^st petitioner. On 31.01.2024, the Ministry of Corporate Affairs passed an order under Sections 212 (1)(a) and (c) of the assigning the investigation into the affairs of the Company to the Serious Fraud Investigation Office ('SFIO' for short). On the same day, the SFIO issued orders appointing Inspectors and Investigating Officers to carry out the investigation. The time granted for the Officers to complete the investigation was 8 months. On 27.03.2024, according to the petitioner, it was reported in the media that a case had been registered under the provisions of The Prevention of Money-Laundering Act, 2002 ('PMLA' for short), in relation to M/s.Exalogic Solutions Private Ltd., based on a complaint filed by the SFIO. The respondent issued a summons requiring petition