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TMI Blog2023 (2) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the Division Bench order in the nature of no coercive action was passed in favour of the Petitioners against State-investigating agency. Having regard to the fact that the Division Bench has already quashed the FIR against the petitioners, the case for grant of ad-interim relief is made out. The ad-interim relief qualified thereby permitting the Respondent to continue with the investigation - Matter to come up for consideration on 10th March, 2023. - Nitin W. Sambre And R.N. Laddha, JJ. Mr. Ravi Kadam, Senior Advocate, a/w S.R. Phanse, Karan Kadam, Pawan Mali, S.S. Bedekar, for the Petitioner in Writ Petition No. 612/2023. Mr. H.S. Venegavkar for Respondent- Directorate of Enforcement. Mr. A.R. Kapadnis, APP for State. Ms Minal Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting that jurisdiction under Article 226 of the Constitution of India can be invoked even if, the petitioners are not entitled to copy of ECIR in law and ECIR are internal document for the Directorate of Enforcement, he would urge that in the facts of the case, it is open for him to question the same. 6. Be that, as it may; as this Court is required to be sensitive to the position of law viz. jurisdiction under Article 226 of the Constitution of India is propriety, prima facie we are of the view that petition is maintainable. 7. Challenge to ECIR is based on the following legal submissions. a) that Press Release dated 30 January, 2023, which is followed with the summons dated 7.2.2023 and 13.2.2023 has given impression to the petitioners th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... davit-in-reply on the said issue, according to him, the petitioners have not cooperated or honoured the summons. According to him, in a petition which is not maintainable, relief of interim nature can not be sought. In addition, he would urge that this Court can not pass blanket order of no coercive action without recording reasons in view of the law laid down by the Supreme Court in M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra [SC Cri.Appeal No.330/2021]. 9. Mr.Venegavkar, would urge that investigation pursuant to the ECIR is based not only on the single incident which has laid to filing of closure summary and acceptance of the same by JMFC, Pune. According to him, Respondents have referred to 3 FIR s and of these, two a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcive action against the petitioners, in 15 offences by passing orders in various writ petitions, in view of acceptance of C Summary order passed by the learned JMFC, on 18.4.2022, and having regard to the fact that the Division Bench has already quashed the FIR against the petitioners, referred supra, we are of the view that case for grant of ad-interim relief is made out. 14. We hereby qualify ad-interim relief, thereby permitting the Respondent to continue with the investigation. 15. The Petitioners shall continue to appear before the Directorate of Enforcement as and when so directed by the Respondent. 16. The Directorate of Enforcement is at liberty to proceed against the Accused person on the civil side also. However, until further or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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