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TMI Blog2022 (12) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... h of July, 2022 contains the summon No. PMLA/SUMMON/HIU2/2022/616 and the summon dated 12th of August, 2022 contains a different summon No. PMLA/SUMMON/HIU2/2022/663 . These summons were issued in connection with F.No. ECIR/17/HUI/2020. The summons were in terms of Section 50(2) and (3) of PMLA related to powers of authorities 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. There is no further direction to the writ petitioner by the appellant to appear. Hence, the impugned summons hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 transportation of coal and ECL Coalfields in West Bengal. The writ petitioner has not been named in the said FIR. Thereafter on 28.11.2020 appellant had registered the ECIR for the alleged commission of offence punishable under Sections 3 and 4 of Prevention of Money Laundering Act, 2002 (for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g 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 that no reason has been assigned for extending the protection of no coercive action. 5. Learned Counsel for the respondent No.1, writ petitioner has submitted that it is not a case of police inaction, therefore, learned Single Judge has the jurisdiction and that there is typo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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 Single Judge has been questioned on the ground that the present matter falls under the category of police inaction, but such a plea cannot be accepted in view of the fact that Hon ble Supreme Court in the matter of Vijay Madanlal Choudhary and Others vs. Union of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourse 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 writ petitioner by the appellant to appear. Hence, the impugned summons have been worked out and have lost their force now. As on date, there is nothing on record indicating that the writ petitioner is further required to appear before the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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