SEKAR REPORTER

Court News from Madras High Court

This Court, after hearing the respective parties, is of the view that the issue cannot be kept pending endlessly. Hence, the interim order already granted by this Court on 29.06.2022 is modified to the extent that the investigation shall go on and the petitioner shall cooperate for the enquiry, which will be conducted by the respondents. It is made clear that this Court has not rendered any opinion on the legal submissions made by the parties on merits, including the maintainability of the writ petition, for the reason that the petitioner’s right with regard to the plea raised in the writ petition has got to be protected.                       List this matter on 09.09.2022.              (S.V.N. J.,)       (A.D.J.C. J.,) 04.08.2022       Petitioner Counsel Respondent Counsel G.MANI PRABHU S.RAGHUL R.D.ASHOK KUMAR M/S. N.RAMESH SPC FOR R1 AND R SPECIAL PUBLIC PROSECUTOR FOR DIRECTORATE OF ENFORCEMEN      

by ·

WP.No.16467 of 2022

and W.M.P.No.15749 of 2022

 

Petitioner Respondent
SHRI ANITHA R.RADHAKRISHNAN
S/O. SHRI RAMAMMOORTHY NADAR, NO. 37, POTHIGAI VALAGAM GREENWAYS ROAD, CHENNAI 600028		 THE DIRECTORATE OF ENFORCEMENT,, CHENNAI ZONAL OFFICE, SHASTRI BAVAN, III BLOCK AND IV FLOOR 26, HADDOWS ROAD, CHENNAI 600 006

THE DEPUTY DIRECTOR
DIRECTORTE OF ENFORCEMENT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CHENNAI ONAL OFFICE, B WING 3, 4 AND 5TH FLOOR, SHASTRI BHAVAN, NO. 26 HADDOW
Petitioner Counsel Respondent Counsel
G.MANI PRABHU
S.RAGHUL
R.D.ASHOK KUMAR		 M/S. N.RAMESH SPC FOR R1 AND R
SPECIAL PUBLIC PROSECUTOR
FOR DIRECTORATE OF ENFORCEMENT
Prayer
Calling fo the entire records connected with the impugned Enforcement case Information Report (ECIR) registered by the 2nd respondent being ECIR. No. /CEZO-II /21/ 2020, dated 22.12.2020 and all further proceedings emanating out of the impugned ECIR and quash the same

 

  1. VAIDYANATHAN, J.

AND

A.D. JAGADISH CHANDIRA, J.

 

The present writ petition has been filed for quashing the Enforcement Case Information Report (ECIR) dated 22.12.2020 of the 2nd respondent made in ECIR.No./CZO-II/21/2020, based on which, the petitioner was implicated for the offences under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002.

 

  1. The petitioner has challenged the proceedings on the ground that the 2nd respondent has no jurisdiction to issue such proceedings. On 29.06.2022, this Court, after hearing the parties, had granted an order of interim stay of further proceedings till 14.07.2022 and subsequently, the same was extended upto 28.07.2022 and thereafter, it was not extended.

 

  1. When the matter was taken up for hearing on the previous occasion, as could be seen from the docket orders, this Court has not extended the interim order, pursuant to the verbal assurance given by the respondents that no coercive action would be taken and the petitioner has also agreed to participate in the enquiry.

 

  1. Today, learned counsel for the Writ Petitioner has filed a reply affidavit dated 03.08.2022 and strenuously argued that there is no base for registration of the case against the petitioner and his family members by the Vigilance and Anti Corruption Wing of the State of Tamil Nadu under the provisions of the Prevention of Corruption Act. It is further argued that though it was alleged that the Writ Petitioner had acquired assets disproportionate to the known source of income to the tune of Rs.2,68,24,755/-, in the charge sheet already filed before the Chief Judicial Magistrate and Special Judge, Thoothukudi in Spl.CC.No.08 of 2008 on 10.10.2008, the value of the alleged disproportionate assets was unjustly shown as Rs.4,90,29,040.091. It is not known to the Writ Petitioner as to the exact value of the assets involved on account of the contra value figured out in two different places. Therefore, an application has been filed by the petitioner under Section 173(8) Cr.P.C., seeking for further investigation of the case. The case put forth by the Writ Petitioner is that thereafter, yet another 2nd charge sheet has been filed on 13.12.2010 with regard to the disproportionate assets to the tune of Rs.1,08,80,867.1, during pendency of which, one more (3rd) charge sheet was filed on 18.07.2013 under Section 109 of IPC r/w.13(2) r/w.13(2)(e) of the Prevention of Corruption Act, 1988, thereby escalating the value of disproportionate assets to the tune of Rs.2,07,96,38.04.

 

  1. It is stated by the Writ Petitioner that pending investigation, the Writ Petitioner and other persons, who are alleged to have involved in the offence, have moved an application under Section 239 of Cr.P.C. before the Chief Judicial Magistrate and Special Judge, Thoothukudi in Spl.CC.No. 8 of 2008 seeking to discharge them from the case. The said application was dismissed by the Trial Court on 11.11.2013. Aggrieved against the said order of dismissal, the petitioner and the others have approached the Madurai Bench of this Court in Crl.RC.(MD).304 of 2014 and after hearing the parties, the Revision Petition came to be dismissed on 22.09.2017, thereby confirming the order of the Trial Court. It is also stated that as against the said order, the petitioner and others have preferred SLP(Crl) before the Hon’ble Apex Court, which is said to be pending in Diary No.23839-2022 filed on 02.08.2022.

 

  1. Heard the learned counsel for the petitioner and the learned Additional Solicitor General appearing for the respondents.

 

  1. This Court, after hearing the respective parties, is of the view that the issue cannot be kept pending endlessly. Hence, the interim order already granted by this Court on 29.06.2022 is modified to the extent that the investigation shall go on and the petitioner shall cooperate for the enquiry, which will be conducted by the respondents. It is made clear that this Court has not rendered any opinion on the legal submissions made by the parties on merits, including the maintainability of the writ petition, for the reason that the petitioner’s right with regard to the plea raised in the writ petition has got to be protected.

 

List this matter on 09.09.2022.

 

(S.V.N. J.,)       (A.D.J.C. J.,)

04.08.2022              

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