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2021 (10) TMI 1122

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..... to respondents to proceed afresh either against writ petitioner or any other entity or person depending on the outcome of investigation that is under-way qua alleged misuse of writ petitioner's Aadhar and PAN cards to obtain a fake registration. In the light of writ petitioner having demonstrated her bona fides by lodging an FIR, it is only appropriate that an order as on the lines alluded to supra is made. Impugned order being made by first respondent and consequential order being order dated 23.07.2021 made by second respondent are set aside solely on the ground that alleged misuse of writ petitioner's Aadhar and PAN Cards and obtaining of fraudulent registration is under investigation - it is made clear that no opinion o .....

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..... tent case of writ petitioner (even as before the Adjudicating Authority) that someone has misused Aadhar and PAN cards of writ petitioner and got fake registration saying business has been carried on in the name and style of MMM Enterprises. The fact that this has been the consistent plea of writ petitioner is evident from the impugned order. Though this is captured in many parts of the impugned order, paragraph No.11 of the impugned order is of relevance and the same reads as follows: '11. The non-service of the show cause notices dated 04.01.2021 and 25.01.2021 sent to the principal place of business address and their return by the postal authorities establishes the fact that the named individual has not done business at the regis .....

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..... the impugned order, writ petitioner in her reply dated 05.02.2021 (reply to summons and notice dated 25.01.2021 from the department) in paragraph No.11 mentioned that she has lodged a complaint on-line to the Police department. 6. Be that as it may, post impugned order, the writ petitioner has lodged a police complaint physically in the jurisdictional police station vide CSR No.219/2021 and the CSR receipt is as follows: 7. Thereafter, 'First Information Report' ['FIR'] for alleged offence punishable under Sections 419 and 420 of 'Indian Penal Code, 1860' ['IPC'] besides Sections 66C and 66D of Information Technology Act, 2000, has been registered. In the interregnum , the second respondent has .....

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