Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 859 - DELHI HIGH COURTMoney Laundering - scheduled offence - the respondents from taking any precipitate action against the petitioner in pursuance of the Enforcement Case Information Report i.e. ECIR/0I/HIU/20I9 dated 25.01.2019 ECIR solely on the ground that the charge-sheet did not advert to a scheduled offence - HELD THAT:- On the previous date i.e. 08.07.2020, I had restrained the respondents from taking any precipitate action against the petitioner in pursuance of the Enforcement Case Information Report i.e. ECIR/0I/HIU/20I9 dated 25.01.2019 [ECIR] solely on the ground that the charge-sheet did not advert to a scheduled offence. Mr. Mahajan says that since the investigation is on, there is a possibility of not only the petitioner being charged under Section 420 of the IPC, but also qua other scheduled offence(s) as well - what is clear is that there is nothing on record before the concerned Court, which points in the direction that the petitioner has infracted a provision of the IPC, which is a scheduled offence. The only direction that can been issued, whereby the interests of both the petitioner and the respondents are protected, is that the subject ECIR be closed with liberty to the respondents to revive the same if a supplementary charge-sheet is filed and/or a charge is frame qua the petitioner concerning scheduled offence(s) - petition disposed off.
|