DEV KUMAR AGARWAL AND ANR. vs ASSISTANT DIRECTOR , DIRECTORATE OF REVENUE INTELLIGENCE AND ANR.

Judgment text excerpt

1 1-WP-1220-19.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1220 OF 2019 1. Dev Kumar Agarwal, & 2. Prabha D. Agarwal … Petitioners Versus Assistant Director, Directorate of Revenue Intelligence, and another ... Respondents ……. Mr. Haresh Jagtiani, Senior Advocate a/w. Suprabh Jain, Pushpvijay Kanoji, Pranay Kamdar i/b. Haresh Jagtiani and Associates for the Petitioners. Mr. Jitendra Mishra, Special Prosecutor a/w. Sangeeta yadav, Rupesh Dubey, Umesh Gupta for the Respondent No.1 – DRI. Smt. M.M. Deshmukh, APP, for the Respondent No.2-State. ……... CORAM : SARANG V. KOTWAL, AND S. M. MODAK, JJ. DATE : 12th MARCH, 2025 ORAL JUDGMENT : [PER SARANG V. KOTWAL, J.] 1. Heard Mr. Haresh Jagtiani, learned Senior Counsel for the Petitioners, Mr. Jitendra Mishra, learned Special Prosecutor for the Respondent No.1 – DRI and Smt. M.M. Deshmukh, learned APP for the Respondent No.2-State. By consent of the parties, the matter is decided finally at this stage itself, considering the reliefs sought in Digitally signed by PRADIPKUMAR PRADIPKUMAR PRAKASHRAO PRAKASHRAO DESHMANE DESHMANE Date: Deshmane(PS) 1 / 27 2025.03.18 16:32:54 +0530 2 1-WP-1220-19.odt this Petition. Hence, Rule. Rule is made returnable forthwith. 2. Originally this Petition was filed by two Petitioners Mr. Dev Kumar Agarwal and Mrs. Prabha D. Agarwal in the year 2019. During pendency of this Petition, the Petitioner No.1 Dev Kumar Agarwal (hereinafter referred to as ‘Dev Kumar’) passed away on 27.12.2019. Therefore, the Petition now survives only on behalf of the Petitioner No.2 Mrs. Prabha Agarwal (hereinafter referred to as ‘the Petitioner Prabha’ ), who is 86 years of age as of today. The prayer in the Petition is for quashing of C.C. No.243/CW/1996 pendin