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2022 (12) TMI 313

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..... d for quashment of the proceedings before the Enforcement Directorate. HELD THAT:- It was held in the case of in Vijay Madanlal Choudhary that The Authorities under the 2002 Act cannot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, unless it is so registered with the jurisdictional police and/or pending enquiry/trial including b .....

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..... neral for Mr.Rajinish Pathiyil, Special Public Prosecutor [ED] ORDER P.N.PRAKASH , J. Seeking to quash the order passed by the respondent in his proceedings in ECIR/05/CEZO-II/2019 dated 12.06.2020, the present petition has been filed. 2. The minimum facts that are required for deciding this quash petition are as under: (i) On a complaint given by one Quentin Dawson as Power .....

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..... , in which, by order dated 11.08.2016, the order of the learned Judicial Magistrate I, Chengalpattu, was set aside and the CBCID was allowed to proceed with the further investigation. Accordingly, the cases in Crime Nos.304 and 305 of 2007 were transferred from the file of Central Crime Branch to CBCID and re-numbered as Crime Nos.2 and 3 of 2016. (iv)The petitioner herein filed quash petitions .....

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..... down by the Supreme Court in Vijay Madanlal Choudhary and others v. Union of India and others 2022 SCC OnLine SC 929 , the learned counsel for the petitioner prayed for quashment of the proceedings before the Enforcement Directorate . 5. It may be apposite to extract paragraph No.467(d) from the judgment of the Supreme Court in Vijay Madanlal's case [supra]: 467 (d) The offence u .....

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