VISHNU CHANDRA GUPTA, J. - (1.) BY means of this writ petition, the petitioners, who are the relatives and the family members of late Om Prakash Gupta Ex -MLA, have sought the following reliefs: "(i) To issue a writ, order or direction in the nature of certiorari quashing the Inquiry No.F -No:ECIR/06/PMLA/LZO/2011/ADSS/AHK/2096 dated 16.11.2011 arising out of the FIR No.RC -0062010A0013 of CBI/ACB, Lucknow conducted by the opposite parties no.2 and 3 contained as Annexures No.1 and 2 to the writ petition. (ii) To issue a writ, order or direction in the nature of mandaus commanding the opposite parties no.1, 2 and 3 not to take any coercive measures/actions in a illegal inquiry and investigation conducted by the opposite parties no.2 and 3 No.F -No:ECIR/06/PMLA/LZO/2011/ADSS/AHK/2096 dated 16.11.2011 arising out of the FIR No.RC -0062010A0013 of CBI/ACB, Lucknow."
(2.) BRIEF facts necessary for deciding this writ petition are that a first information report in pursuance of order passed by this Court on 26.02.2010 in Writ Petition No.10503 (M/B) of 2009 (Vishwanath Chaturvedi Vs. Union of India and others) has been lodged on the basis of preliminary inquiry conducted by Special Investigating Team, constituted for detecting the fraud in public distribution system of the State of Uttar Pradesh, by Central Bureau of Investigation (hereinafter referred to as 'CBI') against unknown persons on 06.04.2010 under Sections 120 -B,420, 467, 468, 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as 'the PC Act') having FIR No.RC 0062010A0013, CBI/ACB, Lucknow.
(3.) THE CBI investigated the matter which relates to the offences committed during financial years 2004 -05 and 2005 -06 in District Sitapur. The CBI investigated the case and submitted charge -sheet on 02.09.2011 against late Om Prakash Gupta and one Vinay Gupta under Sections 120 -B, 420, 468, 471 IPC only, and did not file any charge -sheet under Section 467 IPC and under Section 13(2) read with Section 13(1)(d) of the PC Act. Om Prakash Gupta was under judicial custody in this case at that time. During judicial custody and after submission of the charge -sheet Sri Om Prakash Gupta sent a letter on 14.09.2011 through Superintendent District Jail Sitapur in respect of the alleged preliminary inquiry made by Directorate of Enforcement Department (in short ED) in pursuance of the abovementioned FIR. In reply thereof, vide letter dated 16.11.2011 (Annexure -1 to the writ petition), ED informed to Mr. Om Prakash Gupta that the investigation with regard to food scam is being conducted by this office in compliance of the directions issued by Hon'ble Allahabad High Court, Lucknow Bench on 26.02.2011 and 03.12.2010 in Writ Petition No.10503 (M/B) of 2009. It was also informed to Mr. Om Prakash Gupta that the law point raised by him shall be suitably addressed during investigation. On 13.02.2012, the Assistant Director (ED), Government of India, Lucknow issued summons "No.46/11 -12/PMLA Writ Petition No.10503 (M/B) of 2009/SS" in respect of Inquiry No.F -No.ECIR/06/PMLA/LZO/2011/AD(SS)/AHK/3066 dated 13.02.2014 wherein it has been mentioned that Sri Shashi Shekhar, Assistant Director is making investigation under the provisions of Prevention of Money Laundering Act, 2002 (in short 'PML Act') and he required the attendance of Sri Sanjay Kumar Gupta, Chartered Accountant of M/s Gupta Ahmed Shukla and Co., 55, Parade, Jail Road, Sitapur, U.P. necessary in connection with the said investigation. The aforesaid summon (Annexure -2 to the writ petition) has been issued after exercising powers alleged to have conferred upon him under Sections 2 and 50(3) of PML Act and directed Sri Sanjay Kumar Gupta to appear before him in person on 29.02.2012 at 13:30 hours along with the documents as per Schedule attached relating to the petitioners.;