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2025 DAILYLAW 31252 (ALL)

ANURAG GARG v. THE ASSISTANT DIRECTOR

NA528/10468/2025 · 2025-04-09

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53034 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 10468 of 2025 Applicant :- Anurag Garg Opposite Party :- The Assistant Director Counsel for Applicant :- Bharat Singh Pal,Prashant Kumar Singh Counsel for Opposite Party :- Pawan Kumar Srivastava Hon'ble Sanjay Kumar Singh,J. 1. Heard Mr. Bharat Singh Pal, learned counsel for the applicant, Mr. Pawan Kumar Srivastava, learned counsel appearing on behalf of the Enforcement Directorate and perused the record. 2. This application under Section 528 of B.N.S.S. has been preferred by applicant-Anurag Garg with a prayer to quash the order dated 20.10.2023, whereby non bailable warrant has been issued against him, order dated 01.12.2023, whereby process under Section 82 Cr.P.C. has been initiated against him and order dated 17.02.2024, whereby process under Section 83 Cr.P.C. has been initiated against him as well as further proceeding of Special Case No. 02 of 2023 (Enforcement Directorate Vs. M/s Webwork Trade Links Pvt. Ltd. and others), arising out of ECIR No. ECIR/LKZO/02/2017, under Sections 3/4 of the Prevention of Money Laundering Act, 2022, Police Station ED, Lucknow, pending in the court of learned Special Judge (Prevention of Corruption), C.B.I. Ghaziabad. 3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid orders dated 20.10.2023, 01.12.2023 and 17.02.2024 against the applicant by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. 4. Learned counsel appearing on behalf of the Enforcement Directorate submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period. 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6. However, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. 7. For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against him. 8. With the above observations and directions, this application under Section 528 B.N.S.S. is disposed of. Order Date :- 10.4.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad