DEVASHIS BHARRACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this writ petition under Article 226 of the Constitution of India, the petitioner assails the proceedings in complaint bearing No. 880/1 dated 27th May, 2002 entitled Enforcement Directorate Sanjay Malviya and Ors. under Section 56 of the Foreign Exchange Regultion Act, 1973 read with Sub-section 3 and 4 of Section 49 of the Foreign Exchange; Management Act, 1999 and prays for quashing thereof primarily on the ground that the same have been commenced without and effecting statutory compliance of the mandatory provision of the proviso to Su clause (ii) of Sub-section (2) of Section 61 of the Foreign Exchange Regulation Act, 1973. The petitioner has also assailed the order of the learned trial Judge taking cognizance of the complaint and issuing summons to the petitioner.

(2.) THE petitioner claims to be an ordinary director of the Intergroup C and E Ltd. ('ICE Ltd.' for brevity) at which was allotted six Integrated Services Digital Network telephone connection ('ISDN connections' for brevity) their office premises E-380, Greater Kailash I, New Delhi in February, 2000' without STD/ISD dialing facility. On 3rd May, 2000, the Mahanagar Telephone Nigam Ltd. (MTNL for brevity tor brevity) which was a service provider for these connections filed a criminal complaint before the Special Cell of the Delhi Police alleging that the subscriber was misusing the telephone conection in violation of the provisions of the Indian Telegraph Act, 1885 The.police raided the business premises of the company, arrested Sh. Sanjay Malviya, its Managing Director and Sh. Deepak Gupta, Technical Advisor and also seized all equipments attached with the telephone connection. case bearing FIR No. 136/2000 was registered under Sections 420/120B of the Indian Penal Code read with Sections 4/20 of the IndignTelegraph Act 1885.

(3.) SO far as the criminal case was concerned, the investigating agency of the special cell of the Delhi police is stated to have filed a charge-sheet against the petitioner and other accused persons in the Court of the Metropolitan Magistrate, New Delhi under Sections 405/420/120B of the Indian Penal Code, 1860 read with Sections 4/20 and 25 of the Indian Telegraph Act, 1885. The Intergroup Conventions and Exhibitions Ltd. (ICE Ltd. for brevity) is stated to have a civil suit for permanent and mandatory injunctions bearing No. 405/2000 entitled as ICE Ltd. v. Mahanagar Telephone Nigam Ltd. against the illegal disconnection of the telephone services to the company.