JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Sumeet Gadodia, learned counsel for the petitioner and Mr. Amit Kumar Das, learned counsel for the Enforcement Directorate.

2. This petition has been filed for quashing the order dated 28.02.2023 whereby the learned District & Sessions-cum-Special Judge, PMLA and C.B.I. has been pleased to dismiss the Miscellaneous Criminal Application bearing No. 94 of 2023 filed in ECIR/02/2021 for the alleged commission of offence of Money Laundering as defined under section 3 of PMLA Act punishable under section 4 of Prevention of Money Laundering Act, 2002 whereby the application filed under section 205 of Cr.P.C. has been rejected.

3. Mr. Sumeet Gadodia, learned counsel for the petitioner submits that C.B.I. registered an F.I.R. being FIR No. R.C. 220 of 2016 for the offence punishable under section 120B r/w 420 of I.P.C. and under section 13(2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988. He submits that the said F.I.R was registered against Usha Martin Limited and other unknown persons and the said petitioner was not arrayed as an accused in that F.I.R. He further submits that Enforcement Directorate registered ECIR No. PTZO/03/2017 dated 04.05.2017 for the offence under section 3 of Prevention of Money Laundering Act punishable under section 4 of PMLA Act against Usha Martin Limited. He further submits that the petitioner was not made an accused. He submits that the statement of the petitioner was recorded by the Enforcement Directorate on 10.06.2019. On 20.05.2021 the prosecution complaint was filed by Enforcement Directorate which was registered as Special Trial No. (PMLA) 02/2021 and Usha Martin Limited along with one Pramod Kumar Fatepuria was impleaded as an accused. He submits that on 20.05.2021 the learned Special Judge has taken cognizance against Usha Martin and the said Pramod Kumar Fatepuria and the said cognizance order was challenged before this Court in Cr.M.P. No. 1334 of 2021 which was dismissed by order dated 03.11.2021. He submits that petitioner's name has been added through supplementary complaint dated 30.11.2021 and he has been arrayed as an accused No. 3. He submits that the order of this Court was challenged before the Hon'ble Supreme Court in Special Leave Petition (Criminal) No. 9352 of 2021 and there was interim protection by order dated 15.12.2021. He submits that however, on the same day the learned court has been pleased to take cognizance against the petitioner and he has not issued summons considering that the stay was granted by the Hon'ble Supreme Court. He submits that by order dated 28.09.2022 the said Special Leave Petition filed by the Usha Martin Ltd was dismissed by observing that are all are subject matter of trial. He submits that on 09.12.2022 the learned Special Judge issued summons against the petitioner for appearance in E.D. Complaint on 06.01.2023 and on 05.01.2023 the petitioner filed application under Section 205 r/w Section 3 17 Cr.P.C. being Miscellaneous Criminal Application No. 94 of 2023 for dispensation from personal appearance and permission to be represented through advocate. He submits that the said petition was dismissed by order dated 28.02.2023. He further submits that at present the petitioner is at Singapore to look after his father and mother. He submits that this petitioner is having hyperlipidemia, hypertension and ischemic heart disease. On these grounds he submits that the learned court without appreciating this fact rejected the petition filed under Section 205 of Cr.P.C. which is against the man