Patna High Court
Jitendra Kumar Jain @ Jitendra ... vs The Union Of India on 22 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.564 of 2021
Arising Out of PS. Case No.- Year-0 Thana- District- Patna
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Jitendra Kumar Jain @ Jitendra Kumar Ranka S/O Pukhraj Ranka, Residing
At -B/503, Grace Building, Vasant Marvel, Near Mage Thane Telephone
Exchange, Western Express Highway, P.S. - Kasturba, Borivali(E), Mumbai
-400066.
... ... Petitioner/s
Versus
1. The Union Of India
2. The Director, Directorate of Enforcement, Patna Zonal office, Chandpura
Place, (Opp, Dadi ma Templ) Bank Road, Patna -1.
3. Sri N.C. Jha, The Assistant Director, Directorate of Enforcement, Patna
Zonal office, Chanpura Place, (Opposite Dadi Ma Temple), Bank Road,
Patna- 1.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uday Shankar Choudhary, Advocate
For the U.O.I. (E.D.) : Ms. Punam Kumari Singh, C.G.C.
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 22-03-2023
Heard learned counsel for the petitioner and learned
counsel for the Union of India.
The petitioner seeks protection from the court and a
direction from the respondents to conduct the entire enquiry or
interrogation of petitioner under videography and also in
presence of the lawyer of the petitioner during the entire enquiry
in the light of the summon issued by the respondent no.3, in
relation to Mithanpura P.S. Case No. 298 of 2016 dated
22.12.2016 in which the Directorate of Enforcement wants to
interrogate the petitioner.
Patna High Court CR. WJC No.564 of 2021 dt.22-03-2023
Counsel for the petitioner submits that notices have been
issued to him thrice but since he has filed a writ petition for
protection, therefore, not appeared before the E.D., so hearing
be takes place.
Counter affidavit has been received in this case in which
it has been mentioned that notices were issued to the petitioner
four times, firstly on 14.12.2022 to appear on 30.12.2022 but he
has not appeared, secondly on 07.01.2021 to appear on
25.01.2021 but he has not appeared, thirdly on 18.02.2021 to
appear on 02.03.2021 but he has not appeared and fourthly on
15.06.2021 to appear on 01.07.2021 but he has not appeared.
Counsel for the Union of India further submits that there
were in total 19 witnesses in this case, out of 19 persons have
appeared and recorded their statement under Section 50 of the
Prevention of Money Laundering Act, 2002.
Upon going through the brief fact, the basic allegation
against the petitioner is that the allegation of misuse of bank
account held in the name of petitioner in which bank account
was fraudulently opened by his employer and his brothers
without the knowledge of the accused and there is allegation of
deposit of huge cash at the tune of Rs.13,01,94,512/- in the bank
account, with this allegation F.I.R. has been lodged.
Patna High Court CR. WJC No.564 of 2021 dt.22-03-2023
This Court is of the view that every citizen of this country
and every person who are living in this country are subject to
providing the assistance of any investigation and enquiry as well
as the Enquiry/Interrogating Officer are also bound to do the
needful in accordance with law.
In this view of the matter, I am not inclined to interfere
and in my view the petitioner must visit to the officials for his
enquiry/interrogation.
In this view of the matter, this writ application is hereby
dismissed.
Petitioner is directed to appear before the officials within
four weeks from today, if not, they are free to take coercive
steps against him with a view to complete the
investigation/enquiry.
Investigating authority is duty bound to respect the
decision of the Court/observation made by the Hon'ble Supreme
Court in this regard.
(Dr. Anshuman, J.)
ravishankar/-
AFR/NAFR
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