$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7860/2024 CRL.M.A. 29980/2024
DIRECTORATE OF ENFOCEMENT .....Petitioner
Through: Mr. Zoheb Hossain Spl counsel for
ED, Mr. Manish Jain SPP for ED,
Vivek Gurnani panel Counsel for ED,
Mr. Pranjal Tripathi Adv, Kartik
Sabharwal adv, Kanishk Maurya
Advocate, Kunal Kochar adv.
versus
MR ARVIND DHAM .....Respondent
Through: Mr. Vikram Chaudhri, Sr. Adv. and
Mr. P.K. Dubey, Sr. Adv. along with
Mr. Avi Singh, Mr. SK Thakur, Mr.
Sumer Singh Boparai, Mr. Ayush
Puri, Mr. Sidhant Saraswat, Mr.
Srihaan Seth and Mr. Shikhar Garg,
Advs.
Mr. Abhir Datt, Mr. Debayan
Gangopadhyay, Mr. Shahbaz Singh,
Advs. for proposed accused.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 04.10.2024
CRL.M.A. 29981/2024 (Exemption)
1. Exemption allowed subject to just exceptions.
2. Application stands disposed of, accordingly.
CRL.M.C. 7860/2024 alongwith CRL.M.A. 29980/2024 (Stay)
1. This petition has been filed for setting aside impugned order dated
07th September, 2024 which has issued notice to the accused in
ECIR/GNZO/13/2024 & ECIR/GNZO/14/2024 under PMLA, 2002. The
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 24/12/2024 at 11:23:07
petition has been filed by the State challenging the issue of notice to the
accused/respondent (Mr. Arvind Dham) for being heard at the stage of
cognizance, basing it on the proviso to Section 223 BNSS.
2. Mr. Zoheb Hossain, Special Counsel for the Directorate of
Enforcement states that the investigation has already been commenced prior
to BNSS coming to play and as per Section 531 BNSS (Repeal and
Savings), Cr.P.C. is applicable. He states that an objection is taken by the
counsel for the respondent in that notice was also issued to the other
proposed accused in the matter, however, they are no being arrayed as
parties to this petition.
3. Mr. Hossain, Special Counsel states that he shall take instructions in
this regard and take steps.
4. In the meantime, issue notice.
5. Notice is accepted on behalf of the respondent, who shall file a
response to the same before the next date of hearing.
6. Mr. Hossain, Special Counsel presses for stay of the proceedings
before the Trial Court. Trial Court may reschedule the date after the next
date before this Court.
7. List on 18th December, 2024.
8. Order be uploaded on the website of this Court.
ANISH DAYAL, J
OCTOBER 4, 2024/MK
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 24/12/2024 at 11:23:07
