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Supreme Court - Daily Orders

M. Nagarajan vs Directorate Of Enforcement on 23 January, 2023

Bench: Ajay Rastogi, Bela M. Trivedi

                                                           1

     ITEM NO.36                                COURT NO.5                        SECTION II-C

                                    S U P R E M E C O U R T O F            I N D I A
                                            RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                          No(s).    10917/2022

     (Arising out of impugned final judgment and order dated 06-09-2022
     in CRLOP No. 13298/2022 passed by the High Court Of Judicature At
     Madras)

     M. NAGARAJAN & ANR.                                                          Petitioner(s)

                                                          VERSUS

     DIRECTORATE OF ENFORCEMENT & ORS.                                            Respondent(s)

     (IA No.166038/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.166039/2022-EXEMPTION FROM FILING O.T.

     Date : 23-01-2023 This matter was called on for hearing today.

     CORAM :                   HON'BLE MR. JUSTICE AJAY RASTOGI
                               HON'BLE MS. JUSTICE BELA M. TRIVEDI


     For Petitioner(s)                   Mr. Kapil Sibal, Sr. Adv.
                                         Mr. N R Elango, Sr. Adv.
                                         Mr. Vivek Singh, AOR
                                         Mr. S Agilesh Kumar, Adv.

     For Respondent(s)                   Ms. Aishwarya Bhati, A.S.G.
                                         Mr. Mukesh Kumar Maroria, AOR
                                         Mr. Rajat Nair, Adv.
                                         Mr. Sayooj Mohan Das, Adv.
                                         Mr. Zoheb Hussain, Adv.
                                         Mr. Udain Khanna, Adv.
                                         Mr. Kanu Agarwal, Adv.
                                          Mr. Padmesh Mishra, Adv.
                                          Mr. Pankaj Kumar, Adv.
                                          Mr. Sayooj Mohandas M., Adv.

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

The present petition has been filed for quashing of the Signature Not Verified criminal proceedings which were declined by the High Court under Digitally signed by Ashwani Kumar Date: 2023.01.25 16:46:45 IST Reason: order impugned dated 06.09.2022.

After notice issued by this Court on 21.11.2022, respondents 2 were duly served.

It is informed that pending proceedings in this Court, a closure report was filed which has been later accepted by the Ld. Magistrate by order dated 17.11.2022.

Learned counsel for the petitioners submits that on account of change in circumstances, the present proceedings may not survive and proceedings be closed.

Ms. Aishwarya Bhati, learned ASG appearing on behalf of the respondents submits that the respondent(Enforcement Directorate) want to question the closure report accepted by the Ld. Magistrate by order dated 17.11.2022. The respondents are always at liberty to take appropriate action which the law permits at their command.

We close these criminal proceedings at this stage. However, at later stage, if any change in circumstances arises, the respondent is at liberty to take appropriate steps available under the law including recall of the present order, if so advised.

With the aforesaid observations, the special leave petition stands disposed of.

Pending application(s), if any, stands disposed of accordingly.

(VIRENDER SINGH)                                            (ASHWANI KUMAR)
BRANCH OFFICER                                          ASTT. REGISTRAR-cum-PS