2019 (3) TMI 1922 - HC - Money Laundering

Arrest order to be converted to summon order - only prayer is that since arrest warrants have been issued in complaint registered in 2013which was kept pending by the Enforcement Directorate till 2017and formal complaint was filed on 21.09.2017 - HELD THAT - Considering the fact that the matter was kept pending for four years by the Enforcement Directorate and petitioners were not arrested, it is deemed proper to direct the Court to summon the petitioners by bailable warrants instead of arrest warrants. At this juncture, Counsels for petitioners submit that they would appear before the Court below. Criminal Revision Petition is dismissed as withdrawn.

Summary

Issues:
1. Conversion of arrest warrants to bailable warrants due to delay in complaint registration by Enforcement Directorate.
2. Dismissal of Criminal Revision Petition as withdrawn.
3. Direction for petitioners to appear before the concerned Court and submit bail bonds.

Analysis:

1. The petitioners' counsels requested the High Court to convert the arrest warrants issued in a complaint registered in 2013, which was pending until 2017, to summoning by bailable warrants. They highlighted that the Enforcement Directorate had delayed filing a formal complaint until 2017, and the petitioners were not arrested during this period. The High Court, considering the circumstances, directed that the petitioners be summoned by bailable warrants instead of arrest warrants. The petitioners' counsels assured that their clients would appear before the lower court as required.

2. The High Court, after considering the contentions presented, dismissed the Criminal Revision Petition as withdrawn. The petitioners' counsels did not press the petition on its merits but solely sought the conversion of arrest warrants to bailable warrants. It was noted that in similar cases, the Court had dismissed revisions and allowed the petitioners to appear before the relevant court.

3. In the final part of the judgment, the High Court directed the petitioners to appear before the concerned court on or before a specified date. The execution of arrest warrants was stayed until the next court date, and the petitioners were instructed to submit bail bonds as required by the Trial Court. This direction ensured that the petitioners would comply with the legal proceedings and fulfill the necessary obligations to secure their appearance before the court.