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TMI Blog2022 (4) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... f 2017 for personal appearance and recording of statement, certain procedure has to be followed as stated therein. All such procedure as laid down therein will have to be followed by the respondents while recording the statement of the petitioner pursuant to summons issued under Section 70 of the Act of 2017. The allegation with regard to high handed action against son of the petitioner could not be subject matter of this petition - Petition disposed off. - D. B. Civil Writ Petition No. 4741/2022 - - - Dated:- 8-4-2022 - HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA And HON'BLE MR. JUSTICE SAMEER JAIN For the Petitioner : Mr. Sudhir Sangal Advocate with Mr. Ravi Kant Chandhok Advocate and Mr. Mukesh Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are acting in a high handed manner and in fact, son of the petitioner was apprehended in connection with the process of search and seizure, therefore, petitioner s apprehension of he being harassed is not without any basis. On the other hand, learned counsel for the respondents would submit that in this case, summons have been issued under Section 70 of the Act of 2017 by Respondent No. 3 in exercise of powers under the law. He would next submit that as the petitioner has been directed to appear personally, provisions of Section 116 of the Act of 2017 would not be applicable. Learned counsel would submit that the authorities are presumed to exercise their power in accordance with the law and in the absence of any specific allegation agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inistrative instructions, as that would be against the provisions of law. Reliance placed on the judgment of Bombay High Court in FSM Education Pvt. Ltd. (supra) is misplaced on facts because on facts of that case, the Court exercising its discretion was inclined to pass some protective order. On principles, we do not find that without there being any right to be represented only through legal representative, a mandamus can be issued by this Court to the respondent. Last but not the least, submission of learned counsel for the petitioner that even though in a case where the summons under Section 70 of the Act of 2017 have been issued to a person, the authority may consider his request of limited nature either for changing date of pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Revenue Intelligence (DRI) (vi) Serious Fraud Investigation Office (SFIO) (vii) Any other agency which carries out interrogations and has the power of arrest. As most of these agencies carry out interrogation in their office(s), CCTVs shall be compulsorily installed in all offices where such interrogation and holding of accused takes place in the same manner as it would in a police station. The allegation with regard to high handed action against son of the petitioner could not be subject matter of this petition. We would not comment upon that. In view of above, subject to observations made hereinabove, we are not inclined to grant relief, as prayed for in this petition. Writ petition is, accordingly, dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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