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2024 (8) TMI 156

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..... ial Public Prosecutor (ED) ORDER SUNDER MOHAN, J. The petitioner/A2 seeks for quashing of the ECIR proceedings against her, which is recorded in ECIR No.CEZO-I/35/2020 dated 22.06.2020. 2. The main ground raised by the petitioner/A2 is that the ECIR proceedings stems out of an FIR, which was registered in Crime No.7 of 2011, which culminated into a final report in C.C.No.14 of 2019 and the sam .....

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..... e the Hon'ble Supreme Court, challenging the dismissal of her quash petition. The Hon'ble Supreme Court had quashed the proceedings against the petitioner by an order dated 23.04.2024. The allegation in the said case is that A1 to A7 have entered into a criminal conspiracy in the commission of offence relating to allotment of housing plots under Government Discretionary Quota; that A1 and .....

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..... stage, our attention is invited to the judgment and order dated 29th August, 2023 passed by the High Court on a petition filed by the accused no. 5 praying for quashing the proceedings in CC No.14/2019. By the said judgment, the High Court has quashed the same as against the accused no.5. When we made a query to the learned senior counsel representing the respondent whether the State has challeng .....

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..... his Court has, in similar cases, expressed its view that the proceedings under the PMLA 2002 cannot proceed further, once the FIR/Final Report relating to the predicate offence is quashed. The law is well settled by the larger Bench of the Hon'ble Supreme Court in the case of Vijay Madanlal Choudhary and Others v. Union of India and Others, reported in (2022) SCC Online SC 929, wherein, it is .....

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..... aundering against him or any one claiming such property being the property linked to stated scheduled offence through him." 8. In such circumstances, this Court is of the view that in view of the fact that the proceedings against the petitioner/A2 in the predicate offence, has been quashed by the Hon'ble Supreme Court, the impugned proceedings cannot be sustained. Hence, the Criminal Original .....

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