2014 (12) TMI 150

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..... , W. P. (Crl. ) No. 78/2014, W. P. (Crl. ) No. 88/2014 , W. P. (Crl. - -
Customs
Fakkir Mohamed Ibrahim Kalifulla And Abhay Manohar Sapre,JJ. For Petitioner(s) Mr. Kapil Sibal,Sr.Adv. W.P.(Crl) 189/14 Dr. Rajeev Dhavan,Sr.Adv. Mr. V.K. Bali,Sr.Av. Mr. Saurabh Kirpal,Adv. Ms. Manali Singhal,Adv. Mr. Aditya Soni,Adv. Ms. Christine Acy Kumar,Adv. Ms. Diksha Rai,Adv. For Respondent(s) Mr. Ra .....

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..... of the Code of Criminal Procedure to investigate a cognizable/non-cognizable offence, if any, under Section 135 of the Customs Act. In fact, when we perused the averments contained in the Writ Petition the provocation for the petitioner to file this writ petition was the so-called search conducted in the residential premises of the petitioner's ex-wife on 11.06.2013, who was residing at C-103, .....

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..... tion does not merit any consideration to be dealt with on the various issues raised, inasmuch as it will be for the petitioner to work out his remedy as and when any appropriate positive action is taken against the petitioner. In the course of hearing, learned Senior Counsel appearing for the petitioner now seeks to withdraw the writ petition reserving petitioner's liberty to work out his reme .....

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..... d Solicitor General further contended that by resorting to withdrawal of the writ petitions and by seeking to reserve their liberties, it should not give scope for the petitioners to again scuttle the actions that may be initiated by the respondents under the provisions of the Acts as well as the Code. While appreciating the respective contentions of the parties and for the present moment as we fi .....

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..... period available under the respective provisions of law. With the above observations, all the writ petitions are dismissed as withdrawn, as prayed for by their respective counsel. There shall be no order as to costs. In the light of our above conclusion, we do not find any necessity to answer the question of law framed in our order dated 15.7.2013, which is left open to be decided in an appropri .....

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