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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5545 /2024 [@ SLP [CRL.] NO.15189/2024]
DIRECTOR, ENFORCEMENT DIRECTORATE & ANR. Appellant(s)
VERSUS
VILELIE KHAMO Respondent(s)
O R D E R
Leave granted.
The only issue for consideration is as to
whether the High Court is justified in quashing the
summons on the premise that the respondent has been
discharged in the predicate offence. We also note
that the said order was passed by taking into
consideration the submissions made on behalf of the
appellant wherein it was stated that the proceedings
against the respondent may be closed.
We are limiting ourselves to the question of
law. What has been issued to the respondent is
merely a summons. Simply because he has been
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discharged in the predicate offence, a Court cannot
quash the summons. The questions as to whether the
respondent would be arrayed as an accused or not, is
a matter which has to be decided at a later stage.
In that eventuality, it is well open to the
respondent to raise all relevant contentions for the
aforesaid purpose including the submissions that
since the predicate offence has been quashed, the
subsequent action of the appellant arraying him as an
accused in the PMLA proceedings would not be
sustained in the eyes of law.
Suffice it is to state that at this...