9911796707
TMI Blog2021 (11) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner nowhere includes stay against the order of attachment imposed by the Department. In any case the order of attachment has not been challenged and could not have been stayed. Question of stay against the criminal investigation and prosecution - HELD THAT:- In view of the clarification and modification by the Supreme Court in its own order in the case of Anil Kumar Gadodia, it is provided that the direction for not taking coercive action against the petitioner is given by the learned Single Judge in the impugned order, would not cover any criminal prosecution against him. In other words, it would be open for the department to continue the investigation and prosecution in relation to the alleged actions of the petitioner in accordan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcive actions are taken. The petitioner thereafter moved a second application for interim relief making the following prayers:- It is therefore prayed that this Hon ble Court, may kindly direct the respondents not to initiate any coercive action in any manner, in any proceedings arising out of ECIR No.JPZO/05/2014, till the pendency of the present petition and further the effect and operation of the Provisional Attachment Order dated 18.01.2021 for the attachment of property of the petitioner s Office No. 11, 3rd Floor, Alankar Plaza, Vidyadhar Nagar, Jaipur may kindly be stayed and the proceedings in Original Complaint No. 1405/2021 pending before the learned Chairperson, Adjudicating Authority under the PMLA, 2002, for confirmation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l prosecution launched against the petitioner is also not in question. Without there being challenge and corresponding prayers, the learned Single Judge could not have stayed the order of attachment or prevented the Department from carrying out further investigation and prosecution. He further submitted that reliance of the learned Single Judge on the Supreme Court order in case of Anil Kumar Gadodia dated 06.05.2021 is misplaced since the Supreme Court in the subsequent order dated 16.08.2021 has clarified and modified its earlier order permitting full investigation and prosecution of the concerned person. On the other hand, learned counsel for the original petitioner submitted that case of Anil Kumar Gadodia is identical to that of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be taken against the petitioner in the meantime. However subsequently this order was modified by recording the following clarification: - Rest of the Matters Reverting to the orders passed by this Court in connected cases ordering no coercive steps be taken against the petitioner(s), after hearing learned counsel for the parties, we deem it appropriate to clarity that the order does not result in staying the trial investigation of the concerned case. That can proceed in accordance with law. The petitioner(s) in the concerned case must cooperate in progress of investigation or trial, as the case may be. Ordered accordingly. If any further interim relief is required, the petitioner in the concerned case may take recourse to a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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