2024 (8) TMI 723

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rs is that while granting liberty to the Directorate of Enforcement to avail two independent remedies, an impression has been created as if this Court has authoritatively held that a complaint at the instance of E.D. is maintainable before a Judicial Magistrate under Section 156(3) Cr.P.C. HELD THAT:- Keeping in mind the well settled principle that a Court order causes prejudice to none, we deem i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aigal, Adv. Ms. S. Lakshmi Iyer, Adv. Ms. Kajal Dalal, Adv. Mr. Aditya Soni, Adv. Mr. E. C. Agrawala, AOR For the Respondent : Mr. Suryaprakash V.Raju, A.S.G. Ms. Sairica Raju, Adv. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Kanu Agrawal, Adv. Mr. Somiran Sharma, Adv. Mr. S.A.Haseeb, Adv. Mr. Arkaj Kumar, Adv. Ms. Deepabali Dutta, Adv. Ms. Aakriti Mishra, Adv. Mr. Arvind Kumar Sharma, A .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d to be involved in the alleged offences. The appellant-ED can, for such purpose, initiate appropriate independent proceedings notwithstanding the impugned judgments rendered by the High Courts of Bombay and Delhi. It seems to us that the appellant-ED, besides any other remedy as may be available in law, can resort to two independent proceedings such as: (i) approaching the Judicial Magistrate und .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ry maintainability of such a complaint and/or to challenge the adverse order, if any, passed therein. 5. Per contra, Mr. S.V. Raju, learned Additional Solicitor General of India submits that in view of the decision of this Court in Vijay Madanlal Choudhary vs. Union of India Ors. (2022 SCC Online SC 929) and connected matters, a complaint at the instance of ED is maintainable under Section 156 (3) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... we deem it appropriate to modify/clarify para 15 of the order dated 12.02.2024 to the extent that the said order shall not be construed to have held that a complaint under Section 156(3) Cr.P.C. is maintainable at the instance of E.D. Whether such a complaint is maintainable or not shall be decided by the court of competent jurisdiction in accordance with law. We have not expressed any opinion in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X