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2023 (9) TMI 1433

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..... f the order dated 04.07.2023 passed by the Apex Court, which order forms one of the basis of our order, is stated to be pending, or for that matter a SLP is also stated to have been filed against our interim order dated 13.07.2023 passed in Criminal Misc. Writ Petition No. 10893 of 2023, there is no order staying the effect and operation of either of the orders. In such view of the matter, there are no justifiable ground to take a different view as taken while passing the order dated 13.07.2023. List this case after six weeks along with connected matters. - HON'BLE PRITINKER DIWAKER, CHIEF JUSTICE AND HON'BLE ASHUTOSH SRIVASTAVA, J. For the Petitioner : Ram M. Kaushik, Suresh Singh For the Respondent : G.A., Akhiles .....

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..... om and consequent to the institution of the impugned F.I.R. No. 0197 of 2023 dated 15.04.2023 and ECIR/HIU-I/06/2023 registered by Respondent Nos. 2 4 respectively. Sri Vikram Chaudhary, learned Senior Counsel appearing for the petitioners submits that in identical set of facts this Court has granted indulgence to the writ petitioners of Criminal Misc. Writ Petition No. 10893 of 2023 (Niraj Tyagi and another Vs. State of U.P 3 others) vide its order dated 13.07.2023, which has been filed on record as Annexure No. 32 to the writ petition. Learned counsel for the petitioners has invited our attention to Para Nos. 6, 7 8 of our order dated 13.07.2023 passed in the aforesaid writ petition to demonstrate that the Petitioner No. 2 herein .....

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..... r the Directorate of Enforcement, however, submits that serious financial irregularities have been committed by the petitioners and the writ petition may not be entertained and petitioners may take recourse to other remedies available to them under the law. He further submits that this Court while passing the order dated 13.07.2023 in Criminal Misc. Writ Petition No. 10893 of 2023 has placed reliance upon the order dated 04.07.2023 passed by the Apex Court. The Directorate of Enforcement had not been heard before the Apex Court and as such, the Directorate of Enforcement/Respondent No.4 has sought recall of the order dated 04.07.2023, which proceedings are pending before the Apex Court and are fixed for 21.09.2023. He further submits that t .....

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