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2015 (7) TMI 1168

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..... 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. Now this matter is adjourned to 30.07.2015 for further proceedings. Rejoinder, if any, to the written submissions be filed before that date. - SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 4247 of 2015 - - - Dated:- 24-7-2015 - MR.JUSTICE MOHINDER PAL AND MR.JUSTICE R.D.KOTHARI MR CHETAN K PANDYA, ADVOCATE FOR THE APPLICANT MR DEVANG VYAS, ADVOCATE, FOR THE RESPONDENT ORA .....

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..... 3. Before proceeding with this matter, some facts are required to be mentioned. Petitioner herein had earlier preferred Special Criminal Application (Direction) No.4496 of 2014 with prayer, inter alia, for issuance of a writ of habeas corpus while challenging vires of section 45 of the PMLA, lack of jurisdiction of respondent No.2 upon PMLA for effecting arrest under section 19 due to lack of proper appointment under section 49 and authorization by the Central Government and illegal arrest for non-communication of the grounds of arrest to the petitioner. Respondents herein have disputed these averments. That petition came to be dismissed vide judgment dated 16.1.2015. However, this order seems to have been clarified later on by holding that .....

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..... withdrawn vide order dated 07.07.2015 while observing that withdrawal of said writ petition will not come in the way of any other writ petition that is already pending or that may be filed by the petitioner. Said order is reproduced as under: W.P.(Cri.) No.61/2015: Learned counsel for the petitioner, on instructions, seeks permission of this Court to withdraw the Writ Petition. Permission sought for is granted. The Writ Petition is disposed of as withdrawn. It is clarified that the withdrawal of the present Writ Petition will not come in the way of any other Writ Petition that is already pending or that may be filed by the petitioner. SLP (Cri.) ...CRL.MP. No.7277/2015: Delay condoned. Learned counsel for the petition .....

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