LAWS(DLH)-2022-3-15

SHIVANI SAXENA Vs. DIRECTORATE OF ENFORCEMENT

Decided On March 22, 2022
Shivani Saxena Appellant
V/S
DIRECTORATE OF ENFORCEMENT Respondents

JUDGEMENT

(1.) By this order, I shall decide the objection taken by Mr. Zoheb Hossain, Special Counsel for the respondent No. 1 appearing with Mr. Amit Mahajan (who appears for respondents) that the present petition shall not be maintainable inasmuch as the petitioner must approach the concerned Special Court where the Complaint Case No. 75/2019 filed by the respondent No.1, of which cognizance has been taken by the Special Court by issuing summons to the petitioner herein for appearance on April 30, 2022 is pending. By this order I shall also decide the application filed by the petitioner being CM APPL.11855/2022, wherein the following prayers have been made:-

(2.) The submission of Mr. Hossain as noted by this Court in the order dated January 03, 2022 for deciding the said issue is reproduced as under:-

(3.) Some of the relevant facts as noted from the record and also highlighted by the counsel for the parties are, in 2017 the petitioner was arrested at Chennai Airport on the basis of a Look-out Circular ( 'LOC ', for short). She was granted bail by this Court on December 15, 2017 and was arraigned as an accused in the third supplementary complaint filed on September 13, 2017 in ECIR No. ECIR/15/DLZO/2014 dated July 03, 2014, i.e., the AugustaWestland Helicopter scam. It is the case of the petitioner and contended by Mr. R. K. Handoo, learned counsel for the petitioner that she was granted permission to travel abroad for the first time vide order dated January 11, 2018. The LOC against the petitioner remained till January 28, 2019 when respondent No.1 made a statement before the learned Special Judge, CBI, Patiala House Courts, New Delhi that the same has been withdrawn by the respondent No.1.