ANI
30 Apr 2025, 10:33 GMT+10
New Delhi [India], April 30 (ANI): A Delhi Court has granted interim protection to Puneet Jaggi, promoter of Gensol Engineering Ltd., directing the Delhi Police to serve a seven-day prior notice in case it decides to arrest him in connection with alleged economic offences currently under enquiry.
While granting interim relief, Additional Sessions Judge Kiran Gupta stated on Tuesday that since the applicant has demonstrated 'reasons to believe' that he may face arrest if an FIR is filed, the investigating officer must provide a seven-working-day advance notice before proceeding with the arrest, subject to necessary approvals after FIR registration, if any.
The order was passed despite no FIR being registered, reaffirming the legality of seeking pre-FIR anticipatory relief.
Jaggi's petition cited the Standing Order of the Delhi Police, which mandates prior approval from the Special Commissioner before arresting any individual in economic offences involving more than Rs3 crore. He also sought a right of hearing before any arrest, citing procedural safeguards enshrined in the circular.
During the hearing, the public prosecutor opposed the petition, calling it premature. It was submitted that two complaints -- one of Rs600 crore (dated April 22) and another of Rs800 crore (dated April 24) -- had recently been received, but no FIR had yet been registered. The prosecution argued that in the absence of an FIR, the plea for anticipatory relief was not maintainable.
Advocate Ayush Jindal, appearing for Jaggi, countered that apprehension of arrest can arise even at the preliminary enquiry stage, and legal remedies cannot be denied solely due to the procedural stage. 'Just because no FIR is registered does not mean the applicant should be left remediless. He is fully cooperating with the enquiry. The protection sought is not against investigation, but against sudden coercive action,' Jindal submitted.
It was argued that the applicant has already participated in the investigation conducted by the Directorate of Enforcement under the Foreign Exchange Management Act (FEMA) and has extended full cooperation throughout.
Notably, on April 25, 2025, the Enforcement Directorate carried out a search operation at the applicant's residence located at 706 A, Camellias, DLF Golf Course Road, Gurugram - 122002, during which the applicant was present and cooperative. While certain electronic devices were seized, no other incriminating material was recovered, indicating that the applicant poses no risk of evading investigation or tampering with evidence.
He further emphasised that the police must follow their own standing order, and any arrest made without complying with it would be arbitrary and unlawful. Jindal also noted that Puneet Jaggi had no involvement in the company's finances, which were exclusively managed by his brother.
'My client had no role in financial decisions or management at GensolEngineering Ltd.,' he stated.
Taking note of the submissions, the court directed the Delhi Police to provide a seven-day advance notice before taking any coercive step against Jaggi. The order ensures that the applicant has adequate time to seek appropriate legal recourse, if required. (ANI)
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