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2018 (12) TMI 1908 - HC - Money LaunderingSummon by bailable warrants - only prayer is that since arrest warrants have been issued in complaint registered in 2013 which was kept pending by the Enforcement Directorate till 2017 and 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 No.3 to 5 by bailable warrants instead of arrest warrants. The criminal revision is, accordingly, dismissed as withdrawn with the directions to the Court to summon the petitioners No.3 to 5 by bailable warrants in place of arrest warrants - Petitioners No.3 to 5 are directed to appear before the concerned Court on or before 15.12.2018. Arrest warrants be not executed.
Issues:
Conversion of arrest warrants to bailable warrants due to delay in filing formal complaint by Enforcement Directorate. Analysis: The counsel for the petitioners did not press the revision petition on merits but requested the conversion of arrest warrants to bailable warrants. The complaint was registered in 2013, but the Enforcement Directorate kept it pending until 2017 when a formal complaint was filed. The petitioners were not arrested during this period, leading to the request for the change in warrant type. The counsel clarified that the prayer for petitioner No.1 & 2 was not pressed as they had already been arrested. The sole request before the Court was to convert the arrest warrants into bailable warrants for the remaining petitioners. The learned Public Prosecutor opposed the prayer for conversion of warrants. Upon considering the contentions, the judge found it appropriate to direct the Court to summon petitioners No.3 to 5 by bailable warrants instead of arrest warrants. This decision was influenced by the fact that the matter had been pending for four years with no arrests made. Consequently, the criminal revision was dismissed as withdrawn, with specific instructions for the Court to issue bailable warrants for petitioners No.3 to 5 in place of arrest warrants. The petitioners were directed to appear before the concerned Court by a specified date, and it was ordered that the arrest warrants should not be executed. Additionally, the stay petition was disposed of as well.
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