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2022 (3) TMI 942 - HC - Money LaunderingSeeking suspension of LOC issued against the Petitioner - seeking permission to travel to Dubai and Italy - HELD THAT:- During the pendency of the writ petition till November 22, 2021 no compliant under Section 45 of the PMLA was filed by the respondent No.1 before the Special Court. It was in the reply filed on December 28, 2021 to CM APPL. 47740/2021, the respondents for the first time stated that a second supplementary prosecution complaint has been filed before Special Court, PMLA, Rouse Avenue Courts, New Delhi on December 22, 2021 against the petitioner and others in Complaint Case No.75/2019 in ECIR/07/DZCR/2019 for the offence of money laundering as defined under Section 3 of the PMLA and the Special Court has taken cognizance of the complaint and issued summoning order, and accordingly, the writ petition is liable to be dismissed as the petitioner should approach the concerned Special Court, PMLA, where the trial of the petitioner is pending, for quashing of the LOC. It is seen that the respondents have taken objection on the maintainability of the petition at the first available opportunity and as such the plea of Mr. Handoo that the respondents have not taken any objection on the maintainability of the petition in their counter affidavit is unmerited. This Court is of the view that the plea of Mr. Hossain on the maintainability of the petition needs to accepted and the writ petition and connected applications are closed.
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