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2018 (4) TMI 1891 - HC - Money LaunderingMoney Laundering - rejection of conversion of issuance of nonbailable warrant into bailable warrant - Section 13(2) read with Section 13(1)(E) of the Prevention of Corruption Act, 1988 - HELD THAT:- The extra ordinary jurisdiction of this court available under Art.226/227 of the Constitution of India can be availed only in case no efficacious and effective alternate remedy is available to the petitioner. Even if an effort is made by the petitioners to do so, the courts should exercise this power with great circumspect and should be loath to interfere. In the existing facts and circumstances of the case in hand, the efficacious and effective remedy was available to the petitioners to move the High Court under Sec.482/483 Cr.P.C for recalling the order impugned dated 15.3.2018 whereby application filed under Sec.70 (2) Cr.P.C was rejected. Whenever a case is demonstrated that the exercise of powers under Sec.482/483 is required to curb the abuse of the process of the court and to advance the cause of justice, the High Court would come forward to the rescue the petitioner. This remedy has not been availed by the petitioner in the matter in hand. Instead the extra ordinary writ jurisdiction under Art. 226 of the Constitution of India has been invoked by the petitioners which is not warranted in the existing facts & circumstances of the case. Taking note of the fact that the petitioners may still avail this remedy, if so advised, this court thinks it proper to restrain it from embarking upon the discussion on merits of the case - the preliminary objection raised by the learned counsel for the respondent/s regarding maintainability of these petitions, is sustained - Petition dismissed.
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