9911796707
TMI Blog2022 (12) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. This appeal is directed against the interlocutory orders of the learned Single Judge dated 30th of August, 2022 and 6th of September, 2022 passed in WPA 19748 of 2022. By the subsequent order dated 06.09.2022, certain typographical errors in the earlier order have been corrected. 2. The respondent No. 1 herein (writ petitioner) had approached the learned Single Judge by filing WPA 19748 of 2022, challenging the summons dated 26th of July, 2022 and 12th of August, 2022 with the plea that the writ petitioner was a citizen of India and resident of Kolkata and that the FIR No. RC0102020A0022 was registered by the CBI (ACB) Kolkata on 27.11.2020 under Sections 120B and 409 of the IPC for the alleged illegal excavation, theft and transporta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed by the learned Single Judge is without jurisdiction as on the date of passing the order, learned Single Judge had no determination to hear a petition involving police inaction. He has also submitted that against the impugned summons the petitioner has remedy of filing an appeal and that in compliance of the impugned order the writ petitioner has appeared before the E.D. at Kolkata, therefore, nothing survives in the writ petition which has now become infructuous. He further submits that the petitioner had made a false declaration in the petition that she is a citizen of India whereas she is a citizen of Thailand. He has also submitted that learned Single Judge has in fact exercised the power under Section 438 of the Cr.P.C. and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no such jurisdiction, then in terms of the judgment of Hon'ble Supreme Court in the matter of State of Rajasthan vs. Prakash Chand and Others reported in (1998) 1 SCC 1, in the matter of Shanti Bhushan vs. Supreme Court of India Through Its Registrar and Another reported in (2018) 8 SCC 396, in the matter of Inder Mani and Others vs. Matheshwari Prasad and Others reported in (1996) 6 SCC 587, the order of learned Single Judge becomes non est. Undisputedly on the date of passing of the order, learned Single Judge had the determination to hear the matters (motion and hearing) under Article 226 of the Constitution of India relating to residuary under Group-IX (excluding matters related to police inaction etc.). The jurisdiction of learned Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities regarding summons, production of documents and to give evidence etc. Sub-Section 2 of Section 50 empowers the specified officer to summon any person whose attendance is considered necessary to give evidence or to produce any records during the course of any investigation or proceeding under the Act. In terms of Sub-Section 3, the persons so summoned are required to attend in person or through authorised agents and they are bound to state the truth in respect of the subject specified therein. It is undisputed before this Court that after the order of learned Single Judge and in pursuance to the direction of the learned Single Judge, the writ petitioner has appeared before the appellant at Kolkata. There is no further direction to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of the Single Bench of the Court in the matter of Menka Gambhir vs. Union of India and Others reported in (2020) 2 Cal LT 158 wherein the summons issued to the present petitioner by the Joint Commissioner of Customs, AIU, NSCBI, Airport, Kolkata was subject matter of challenge. Referring to the same, he has raised the submission that the writ petitioner resides at Rajouri Garden, New Delhi, but such an issue also at this stage need not be gone into. 13. Thus, we find that nothing survives in the present writ petition pending before the learned Single Judge which has become infructuous on account of subsequent development noted above. Thus, we permit the appellant to approach the learned Single Judge for formal disposal of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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