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TMI Blog2015 (7) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... /01/SRT/2014 dated 17.4.2014 pending before Principal District & Sessions Judge, Ahmedabad (Rural), Designated Special Court under PMLA Act at Ahmedabad. 2. This Court vide its order dated 14.7.2015 issued notice of Rule with a direction that reply if any by way of affidavit be filed before the next date. In pursuance thereto, respondents have filed their reply raising preliminary objection with regard to maintainability of present petition, along with objections on merits, and contending that the same is barred by principles of re judicata/ constructive res judicata as the earlier petition preferred for the very same relief has been considered on merits by this Court and this Court by a detailed judgment was pleased to reject the said pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court granted liberty to the petitioner to make an appropriate application/petition as envisaged under the provisions of Coded of Criminal Procedure, 1973, after six months." The order is reproduced as under: "W.P. (Cri.) No.61/2015 and SLP (Cri.)CRLMP No.7277/2015 List these petitions after the ensuing summer vacation. SLP (Cri) Nos.3978-3979/2015 Dismissed. However, we grant liberty to the petitioner, if he so desires, to make an appropriate application/petition as envisaged under the provisions of Coded of Criminal Procedure, 1973, after six months." 5. Petitioner seems to have also filed an SLP against the judgment and order dated 16.1.2015 in Spl. Cri. Application (Direction) No.4496 of 2014 , but the same was disposed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that accused has been allowed to join investigation under court protection. 7. Because of the two orders of the Supreme Court dated 12.2.2015 and 07.07.2015 and in view of the objections raised by respondents regarding maintainability of the petition, prima facie, this Court is of the view that a clarification will be necessary as to whether this Court was competent to decide the present petition of habeas corpus under Article 226 of the Constitution of India. Learned counsel for the petitioner has also agreed to move such application before the Supreme Court to obtain necessary clarification/suitable direction in the matter. 8. Now this matter is adjourned to 30.07.2015 for further proceedings. Rejoinder, if any, to the written submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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