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2021 Supreme(Mad) 2361

Dhayanidhi Alagiri – Appellant
Versus
Directorate of Enforcement, Rep. by the Assistant Director, Government of India, Chennai – Respondent


Advocates Appeared:
For the Petitioner:P. Bagyalakshmi, Advocate.
For the Respondent: R. Sankaranarayanan, Assistant Solicitor General of India.

JUDGMENT :

(Prayer: Petition filed under Section 482 of Cr.P.C. to quash the summon dated 10.11.2020, [D.No.504, dated 11.11.2020] issued by the learned II Additional District Judge for C.B.I. Cases, Madurai, in C.C.No.3 of 2020, which was taken cognizance based on the complaint in ECIR/CEZO/11/2013 registered under Section 45 read with Sections 70 and 8 (5) of the Prevention of Money-Laundering Act, 2002, on the file of the respondent.)

1. The petitioner herein is the third accused in C.C.No.3 of 2020 on the file of the Special Court for PMLA Cases (Court of Principal District Judge), Madurai.

2. Petition under Section 482 of Cr.P.C. is filed to quash the summon issued by the learned II Additional District Judge for C.B.I. Cases, Madurai, in C.C.No.3 of 2020, calling for his attendance under Section 61 of Cr.P.C., to answer the charge of offences under Section 45 read with Sections 70 and 8(5) of the Prevention of Money-Laundering Act, 2002 [in short “the PMLA”].

3. This petition is filed to quash the said summon broadly on the following two grounds:-

    (a) Firstly, the petitioner contends that there is a statutory infirmity in taking cognizance of the Enforcement Directorate complaint b

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