LAWS(BOM)-2021-10-233

ANIL VASANTRAO DESHMUKH Vs. DIRECTORATE OF ENFORCEMENT

Decided On October 29, 2021
Anil Vasantrao Deshmukh Appellant
V/S
DIRECTORATE OF ENFORCEMENT Respondents

JUDGEMENT

(1.) The Applicant has filed this criminal application for various reliefs, primarily pertaining to the summons issued by the Respondent-Directorate of Enforcement under section 50 of the Prevention of Money Laundering Act, 2002.

(2.) The Applicant, at the relevant time, was the Home Minister in the State of Maharashtra. The then Commissioner of Police, Mr.Param Bir Singh, wrote a letter to the Chief Minister of Maharashtra on 20 March 2021 alleging that Applicant abused his position and powers to seek illegal monetary benefits. Writ Petition No.1541of 2021 was filed in this Court by one Dr. Jayashree Patil seeking a direction for investigation against the Applicant. Mr. Param Bir Singh filed a Public Interest Litigation No.6of 2021 on 24 March 2021, seeking a direction for investigation by the Central Bureau of Investigation (CBI). The Division Bench of this Court, by judgment and order dated 5 April 2021, disposed of these petitions and directed a preliminary enquiry into the complaint and allegations. The enquiry was directed to be concluded within fifteen days with liberty to the CBI to decide on further action to be taken. The Applicant challenged the order passed by the Division Bench in the Supreme Court by filing Special Leave Petition (Criminal) Diary No.9414/2021. The Supreme Court dismissed the petition by order dated 8 April 2021.

(3.) The preliminary enquiry was conducted. Upon this preliminary enquiry, FIR No.RC2232021A0003 was filed by the CBI on 21 April 2021 under section 7 of the Prevention of Corruption Act, 1988 and under section 120-B of the Indian Penal Code against the Applicant and other unknown persons. The Applicant filed a Criminal Writ Petition No.1904/2021 for quashing the FIR registered by the CBI on 21 April 2021. The Division Bench of this Court dismissed the writ petition by order dated 22 July 2021. The Applicant filed a special leave petition challenging the order dated 22 July 2021 passed by the Division Bench of this Court. The Supreme Court rejected the petition by order dated 18 August 2021.