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2023 Supreme(All) 1535

SUBHASH VIDYARTHI
Mohan Lal Rathi – Appellant
Versus
Union Of India Thru. Directorate Of Enforcement Zonal Office Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Sunil Kumar Singh
For the Opposite Party : Kuldeep Srivastava, Anurag Kumar Singh

JUDGMENT :

1. Heard Sri Dhruv Gupta, the learned counsel for the applicant, Sri Kuldeep Srivastava, the learned counsel for the Enforcement Directorate and Sri Dharmendra Pratap Singh, holding brief of Sri Anurag Kumar Singh, the learned counsel for the respondent-C.B.I..

2. By means of this application filed under Section 482 Cr.P.C., the applicant has sought to assail the validity of the cognizance/ summoning order dated 08.08.2019 passed in Complaint Case No.121/2019 titled “Directorate of Enforcement Vs. Yadav Singh & Others” in the Court of Session Judge / Special Judge PMLA, Lucknow, summoning the applicant for trial of offences under Sections 3/4 of Prevention of Money Laundering Act, 2002, and all proceedings of the aforesaid complaint case, including the order dated 04.02.2023, whereby a non-bailable warrant has been issued against the applicant.

3. In furtherance of the order dated 16.07.2015, passed by a Division Bench of this Court in Writ Petition No. 12396 (M/B) of 2014, the C.B.I. had registered an FIR bearing RC No. DST/2015/A/0003/CBI/ STF/DLI against five persons - (1) Yadav Singh, the then Chief Engineer Noida, (2) Smt. Kusumlata, wife of Yadav Singh, (3) Ms. Garima

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