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2023 (9) TMI 1381

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..... sequence of doing so would be to stifle the investigation at the incipient stage. However, the petitioner is at liberty to pursue all remedies which are available in law, including under Section 482 of the Code of Criminal Procedure 1973. Since this Court had permitted the filing of applications before the Single Judge while disposing of the proceedings on 28 April 2023, the direction for the payment of costs would stand deleted - SLP disposed off. - HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Siddharth Aggarwal, Sr. Adv. Mr. Amit Bhandari, Adv. Ms. Arshiya Ghose, Adv. Mr. Vishwajeet Singh Bhatti, Adv. Ms. Sowjhanya Shankaran, Adv. .....

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..... Chief Justice of the High Court at Calcutta to reassign the pending proceedings in the case to a Judge of the High Court other than the Judge who had passed the order which was under challenge. This Court clarified that the Judge to whom the proceedings are reassigned by the Acting Chief Justice would be at liberty to take up all applications which may be moved in that regard. 4. The Single Judge of the Calcutta High Court to whom the proceedings were reassigned by the Chief Justice, heard applications for recall of the directions which were issued on 13 April 2023. The Single Judge held that the offence which the Enforcement Directorate is dealing with is under the Prevention of Money Laundering Act 2002, while the predicate offences u .....

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..... rety, it is evident that the Single Judge has duly applied her mind to the question whether the investigation should be stayed. The Single Judge was of the view that such a direction could not be issued at the present stage to stultify the investigation. 9. We are inclined not to interfere with the impugned order since the consequence of doing so would be to stifle the investigation at the incipient stage. However, the petitioner is at liberty to pursue all remedies which are available in law, including under Section 482 of the Code of Criminal Procedure 1973. In the event that the petitioner takes recourse to such remedies as are available in law, the observations which are contained in the order dated 13 April 2023 or in the impugned o .....

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