Punjab-Haryana High Court
Anil Nagar vs Directorate Of Enforcement, Through ... on 19 January, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:007934-DB
2024:PHHC:007934-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-W-73-74-2024 in/and
CRWP-9811-2023
Date of decision: 19.01.2024
Anil Nagar ....Petitioner
Versus
Directorate of Enforcement, through Assistant Director ....Respondent
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Arshdeep Mrad, Advocate, for
Mr. Vishal Garg Narwana, Advocate,
for the applicant-petitioner.
Mr. Satya Pal Jain, Addl. Solicitor General of India, with
Mr. Lokesh Narang, Senior Panel Counsel
for the Union of India.
ARUN PALLI J. ( Oral )
CRM-W-73-2024
Application is allowed as prayed for subject to all just
exceptions.
CRM-W-74-2024
The instant application has been preferred under Section 482
Cr.P.C., praying for re-hearing the matter. The prayer is also to permit
withdrawal of the Criminal Writ Petition, the same having been rendered
infructuous.
It has been averred in the application that after the matter
had been heard and pronouncement of the final order had been reserved
on 11.12.2023, the applicant-petitioner surrendered before the Special
Court under the PMLA at Panchkula on 22.12.2023 and was taken into
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Neutral Citation No:=2024:PHHC:007934-DB
custody. It has been averred that under the circumstances, the petition has
been rendered infructuous.
Learned counsel for the applicant submits that since the
applicant-petitioner surrendered before the Special Court, Panchkula on
22.12.2023 and is presently in custody, the present petition has been
rendered infructuous.
Learned counsel for the respondents submits that no reply is
required to be filed to the application which is formal in nature in view of
the subsequent developments which took place after the matter had been
heard by this Court.
We had heard learned counsel for the parties at length on
11.12.2023 and had reserved the judgment. The Court re-opened, post
winter break, on 04.01.2024. Learned counsel for the applicant-petitioner
appeared on 08.01.2024 and made a request that since the applicant-
petitioner had surrendered on 22.12.2023 and is in custody and further,
he had moved an application for regular bail, which is pending before the
Special Judge (CBI), for 22.01.2024. It was stated that under the
circumstances, the petition at hand has been rendered infructuous and he
may be permitted to withdraw the same. However, learned counsel was
advised that in such circumstances, he would have to move an
appropriate application, narrating all the facts and circumstances that had
transpired in the interregnum. Thus, this application for re-hearing the
matter and permission to withdraw the same.
In the wake of the above, the application is allowed and
matter is re-listed for today, i.e. 19.01.2024.
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Main case
As prayed, the petition is dismissed as having been
withdrawn.
(ARUN PALLI)
JUDGE
(VIKRAM AGGARWAL)
JUDGE
19.01.2024
Rekha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:007934-DB
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