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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 ..... urav Khanna for the Petitioner in W.P. No. 646/2023. ORDER P.C. :- Criminal Writ Petition No. 646 of 2023 : Not on board. Upon mentioning, taken on board. 2. This mater was mentioned before us yesterday, during day time, however, since the Court was in a midst of hearing some other matter, learned Counsel has mentioned it today. 3. Today in the morning when the matter was mentioned, since learned Counsel for the Directorate of Enforcement was not present, mentioning was permitted along with the connected matter. Since the issue in the present petition is identical with Criminal Writ Petition No.612 of 2023, both the petitions are heard together. 4. At the outset, Mr.Venegaonkar appearing on behalf of the Directorate of Enforcement, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigation of ECIR. b) Mr.Ravi Kadam, learned Senior Counsel would invite our attention to the 'C Summary' accepted by the 13th Judicial Magistrate, First Class, Pune, vide order dated 18th April 2022, wherein the investigation in the predicated offence vide C.R.No.163 of 2018 was closed. c) In addition, his contentions are even if, subsequent 17 offences are registered against the petitioners, in 15 offences, there is challenge before this Court and the Division Bench of this Court has already directed no coercive action, which order still governs the relationship between the parties thereto. d) In addition, his contentions are, inquiry/special audit conducted under the provisions of Maharashtra Cooperative Societies Act since was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Enforcement. 10. We have appreciated the aforesaid submissions only for the purpose of grant of ad-interim relief. 11. The fact remains that acceptance of 'C Summary' by the Magistrate is not a fact in dispute, as the said fact can be borne out of the record. As far as registration of 17 other offences against the Petitioners are concerned, it can be borne out of the record based on various orders passed by the Division Bench order in the nature of no coercive action was passed in favour of the Petitioners against State-investigating agency. 12. As far as, issue as regards inquiry/special audit by the Cooperative department is concerned, the Division Bench of this Court has already quashed the offences registered by the State under th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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