Sanjay Kumar Agarwal vs Directorate Of Enforcement
2022 Latest Caselaw 2716 Jhar

                IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1827 of 2022

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      Sanjay Kumar Agarwal                           ..... Petitioner
                                --    Versus   --
      Directorate of Enforcement                     ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. S.D.Sanjay, Advocate Mr. Sumeet Gadodia, Advocate For the E.D. :- Mr. Amit Kumar Das, Advocate

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3/18.07.2022 Mr. S.D.Sanjay, the learned counsel appearing for the

petitioner submits that the petitioner is a Chartered Accountant and he

has been summoned in a case registered by the C.B.I in which the

petitioner has also been arrested and subsequently he was enlarge on

bail and now the E.D. has filed the complaint against the petitioner with

regard to Prevention of Money Laundering Act and the petitioner has

been summoned in that case. The petitioner has filed a petition under

section 205 Cr.P.C disclosing therein that the petitioner is being

undertaken that when the learned court will call the petitioner he will

appear and he will not hide his identity and the prayer was made to allow

the petitioner to represent through the counsel under section 205 Cr.P.C.

He submits that there are judgment of the Hon'ble Supreme Court as

well as the High Court even in the cases of Prevention of Money

Laundering Act and in the appropriate cases the prayer of appearance

through the learned counsel under section 205 Cr.P.C has been allowed.

Mr. Das, the learned counsel appearing for the Enforcement

Directorate (E.D) submits that there are restriction s under section 45 of

the PMLA Act, 2002 with regard to prayer and the petitioner has not

appeared as yet and in that view of the matter the learned court has

rightly rejected the petition filed by the petitioner under section 205

Cr.P.C.

Since it has been contended on behalf of the Enforcement

Directorate that in view of rigors of section 45 of the said Act, this

petition may not be allowed which is required to be decided by this

Court.

In the light of the above, Mr. Das, the learned counsel for

the Enforcement Directorate shall take instruction and file counter

affidavit within two weeks in the main petition as well as in the I.A.

Let it appear on 10.08.2022.

Till the next date, no coercive steps shall be taken against

the petitioner in connection with Misc. Criminal Application No.362 of

2022, pending in the court of learned A.J.C.-XVIII-cum-Special Judge,

PML Act, Ranchi.

Post on 10.08.2022.

( Sanjay Kumar Dwivedi, J.)

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