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2023 Supreme(All) 673

SUBHASH VIDYARTHI
Gayatri Prasad Prajapati – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Indu Prakash Singh, Kaustubh Singh, Salil Shekhar Singh.
For the Respondent: Kuldeep Srivastava.

JUDGMENT :

SUBHASH VIDYARTHI J.

1. Heard Sri Malay Prasad, Ms. Saloni Mathur, Ms. Tanya Makkar, Sri Piyush Kumar Shukla and Sri. Kaustubh Singh Advocates for the applicant and Sri Kuldeep Srivastava, the learned counsel representing the respondent-Directorate of Enforcement (hereinafter referred to as ‘E.D.’).

2. By means of the instant application filed under Section 482 of the Criminal Procedure Code, the applicant has challenged validity of the order dated 22.12.2022 passed by the Sessions Judge/Special Judge, Prevention of Money Laundering Act, Lucknow in Sessions Case No. 1220/2021, rejecting the application for discharge filed by the applicant. The applicant has also assailed another order passed in the aforesaid case on the same date framing charge of commission of offence under Section 3 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’) against the applicant.

3. Briefly stated, facts of the case are that on 26.11.2020, an Inspector in the U.P. Vigilance Establishment filed a First Information Report (F.I.R.) No. 0003 of 2020 under Sections 13 (2) and 13 (1) (b) of the Prevention of Corruption Act 1988, Police Station Lucknow Sector, Vigilance E

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