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TMI Blog2021 (6) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... no. 2 can proceed, subject to the result of the present writ petition - issue notice to respondents, returnable on 30.04.2021. - CRIMINAL WRIT PETITION NO. 1689 OF 2021 - - - Dated:- 7-4-2021 - S. S. SHINDE MANISH PITALE, JJ. Mr. Amit Desai, Senior counsel a/w Mr. Pranav Badheka i/b Ms. Megha S. Gupta for the Petitioners Mr. Anil C. Singh, ASG a/w Mr. Aditya Thakkar a/w Mr. D. P. Singh for Union of India. Mr. Deepak Thakre PP a/w Mr. S. R. Shinde APP for the State P.C.: 1] Learned senior counsel Mr. Amit Desai for the petitioners stated at the outset that the petitioner Nos. 1 to 3 have approached the Hon ble Supreme Court in connection with summons issued pertaining to the same ECIR, in respect of which pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel that ECIR bearing No. ECIR/1/MBZO-I/40/2020 was registered and investigation was undertaken by respondent no. 2. Pursuant to conclusion of investigation, respondent no. 2 filed a complaint before the Designated Court under the PMLA against five named accused persons. It was emphasized that none of the Petitioners before this court have been arraigned as accused in the said complaint/special case filed at the behest of respondent no. 2 before the Designated Court. 5] It is further submitted that in the said complaint dated 19.12.2020, filed before the Designated Court, apart from making a prayer for taking cognizance of offences under the aforesaid Act against named accused persons, a specific prayer was made before the said Court s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l appearing for the petitioners, the said Judgment of the Supreme Court elaborately laid down that powers of the Designated Court in the present case were traceable in Sections 156(3) r/w Section 156(1) and Section 173(8) of the Code of Criminal Procedure, 1973 and that in the absence of express permission of the Designated Court, no further investigation could have been undertaken by respondent no. 2 and that therefore, impugned summons are wholly unsustainable. 8] On the basis of aforesaid submissions, Mr. Desai, learned senior counsel for the petitioners, submitted that this Court may grant Ad-interim relief in terms of prayer clause (g) in the petition i.e. stay of further investigation against the petitioners in respect of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e can order further investigation after a police report has been forwarded to him under Section 173. 10] Additionally, learned ASG relied upon the Judgment of the Supreme Court in the case of State of Andhra Pradesh V. A. S. Peter [(2008) 2 Supreme Court Cases 383] particularly paragraph 9 thereof, which reads thus: 9. Indisputably, the law does not mandate taking of prior permission from the Magistrate for further investigation. Carrying out of a further investigation even after filing of the charge-sheet is a statutory right of the police. A distinction also exists between further investigation and reinvestigation. Whereas reinvestigation without prior permission is necessarily forbidden, further investigation is not. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cited supra] after referring to earlier Judgment of the Supreme Court in the case of Vinay Tyagi Vs. Irshad ali alias Deepak and Ors. [(2013) 5 Supreme Court Cases 762], the Supreme Court held that leave of the Court was necessary for undertaking further investigation in order to file supplementary reports. Supreme Court specifically held as under: 38. There is no good reason given by the Court in these decisions as to why a Magistrate s powers to order further investigation would suddenly cease upon process being issued, and an accused appearing before the Magistrate, while concomitanty, the power of the police to further investigate the offence continues night till the stage the trial commences. Such a view would not accord with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who will exercise such discretion on the facts of each case and in accordance with law. If, for example, fresh facts come to light which would lead to inculpating or exculpating certain persons, arriving at the truth and doing substantial justice in a criminal case are more important than avoiding further delay being caused in concluding the criminal proceeding, as was held in Hasanbhai Valibhai Qureshi (supra). Therefore, to the extent that the judgments in Amrutbhai Shambubhai Patel (supra), Athul Rao (supra) and Bikash Ranjan Rout (supra) have held to the contrary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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