ABHISHEK BANERJEE Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Both these Appeals are arising out of the Common Impugned Order dtd. 11/3/2022 passed by the High Court of Delhi in W.P (Crl.) No. 1808 of 2021 and Crl. M.C. No. 2442 of 2021, filed by the Appellants (Original Petitioners), whereby the High Court has dismissed the same.

(2.) The Writ Petition (Crl.) No. 1808 of 2021 was filed by the Appellants -Abhishek Banerjee and Rujira Banerjee seeking quashing of the Summons dtd. 10/9/2021 issued to them by the Respondent - ED under Sec. 50 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the "PMLA"), and seeking further direction against the Respondent not to issue any Summons under Sec. 50 of the said Act to the Appellants for their appearance in New Delhi, rather than their hometown/ place of domicile i.e. Kolkata. The Crl. M.C. No. 2442 of 2021 was filed by the Appellant - Rujira Banerjee seeking quashing of the Complaint dtd. 13/9/2021 filed by the respondent-ED against her for the offence under Sec. 174 of India Penal Code (IPC), and for quashing the Order dtd. 18/9/2021 passed by the Chief Metropolitan Magistrate (CMM), Patiala House, New Delhi taking cognizance of the complaint, as also the Order dtd. 30/9/2021 summoning her, passed by the said Court.

(3.) The facts in the nutshell are that an FIR/R.C. bearing No. RC0102020A0022 came to be registered by the CBI, ACB, Kolkata on 27/11/2020 for the offences under Sec. 120B and 409 of IPC and Sec. 13(2) r/w 13(1)(a) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "PC Act"), in respect of alleged illegal excavation and theft of Coal taking place in the leasehold areas of Eastern Coalfields Limited (ECL) by one Anup Majee alias Lala with the active connivance of certain employees of ECL. Based on the said FIR, on 28/11/2020, an ECIR bearing No. 17/HIU/2020 came to be registered by the Respondent at their Head Investigative Unit situated at New Delhi.