9911796707
TMI Blog2022 (7) TMI 1468X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation is in progress and that at this stage, he is unable to make a statement whether the petitioner can be made an accused or not, it is deemed appropriate to pass the interim order - petitioner is directed to attend to the summons issued by the respondent No. 1-CBI - In the meantime, till the next date, no coercive steps to be taken as against the petitioner in connection with RC 1(E)/ 2018/CBI/BS FC/MUMBAI, till the next date. Stand over to 22nd August 2022. - REVATI MOHITE DERE AND SHARMILA U. DESHMUKH, JJ. For the Petitioner : Mr. Amit Desai, Sr. Advocate a/w Mr. Manavendra Mishra, Mr. Gopalkrishna Shenoy Mr. Ishar i/b Sankalp Sharma, Ms. Pranjal Aggarwal and Mr. Palash Bhatkoti For the Respondent No.1-CBI : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RCI(E)/2018/CBI/BS FC/UMBAI; C) Issuance of a writ or prohibition or a writ in the nature of prohibition or any other writ, order or direction, restraining the Respondent No.1 CBI and its officers from arraying the Petitioner as an accused in connection with offences under FIR being RC 1(E)/2018/ CBI/BS FC/MUMBAI; D) Issue a writ of mandamus, or any other appropriate writ, order or direction, directing the Respondent No.1(CBI) to refrain from taking any coercive step against the Petitioner herein in connection with the RC 1(E)/2018/CBI/BS FC/MUMBAI. 2 Mr. Desai, learned senior counsel for the petitioner submits that the petitioner is the brother-in-law of Nirav Modi, an accused in a case registered by the Central Bureau of Inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the Special Court and informed the learned Judge about having been stopped by the Immigration Authorities. He submits that the respondent No. 1 filed a reply on 30th June 2022 before the learned Judge, stating therein that they had decided to make the petitioner an accused in the CBI case and as such asked the Court not to permit the petitioner to travel. The learned Special Court, however, permitted the petitioner to travel. We are informed that the said order has been challenged by the CBI in this Court, and that this Court has stayed the said order. 3 The main issue raised in the present petition is, whether the petitioner who has been granted pardon in the ED proceedings, can be made an accused by the CBI, on the basis of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a conclusion as to whether the petitioner is to be made an accused or whether a 169 report would be filed as against the petitioner or whether the petitioner would be granted pardon. Mr. Thakare, submits that at this stage, he is unable to make any statement as to whether the petitioner would be made an accused, as investigation in the case is in progress. Hence, according to Mr. Thakare, the petition is premature. 5 Having regard to the issue raised by the petitioner as stated aforesaid and the reliefs sought, issue notice to the respondents, returnable on 22nd August 2022. Mr. Thakare waives notice on behalf of the respondent No.1-CBI. In addition to Court notice, petitioner to serve the respondent No.2 by Advocate's notice and fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
