Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2015 (7) TMI 1387

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sought or to furnish the details of the FIR. It is also pertinent to note that the schedule to the summons requires the petitioner to give 1) details of recent foreign visits; 2) copies of passport since 2000; 3) bank account details- domestic and overseas and 4)Pan number. The summons/schedule, therefore, gives a fair idea of the nature of interrogation as well as the documents required by the agency for the purpose of investigation. Mala fide alleged by the petitioner against respondent No. 2 - HELD THAT:- There are no substance inasmuch as, the petitioner's husband was arrested in pursuance of the warrant issued by the Court and the nature of the proceedings in which he was arrested were different from the proceedings in the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cuments, if any, as stated in the schedule attached to the summons. The petitioner thereafter by her letter dated 23rd July, 2015 requested respondent No.2 to furnish all the details of the complaints and relevant documents in connection with which she is being summoned and her statement is being recorded. Since this request was not acceded by respondent No.2, the instant petition is filed. 3. Mr. Ponda further invited our attention to the provisions of Section 50 of the Prevention of Money-Laundering Act, 2002 and submitted that every proceeding under Sub-Sections (2) and (3) of Section 50 of the Prevention of Money-Laundering Act, 2002 are deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... this stage, it cannot be said whether the petitioner is an accused or witness. Ms. Gonsalvez also opposed the request of the learned counsel for the petitioner for giving details of FIR on the ground that same would prejudice the investigation severally. 6. Regarding allegation of mala fide, Ms. Gonsalvez submitted that the present proceedings and the proceedings which were the subject matter of criminal writ petition No. 4603 of 2014 are distinct and it has no relevance whatsoever to the present proceedings. She rejected the claim of mala fide by submitting that the husband of the petitioner was arrested consequent to the warrant issued by the Court. She lastly prayed for dismissal of the petition. 7. Having considered the rival sub .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates