'high court of karnataka allowed petition of accused seeking quashing of enforcement proceedings on similar grounds as previously disposed petition 1269 of 2023'
Quashing of entire proceedings in Enforcement Case Investigation Report bearing No. ECIR/BGZO/85/2022.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2023 BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.3135 OF 2023 (GM – RES)
BETWEEN:
MR.MAHESH BHUPATKUMAR OZA PROPRIETOR OF M/S. KARAN GROUP BUILDERS AND DEVELOPERS AGE: 38 YEARS, OCC.: BUSINESS R/O B/03, MIRAMAR CHS, PLOT NO.754, VEER SAVARKAR MARG, DADAR (WEST) MUMBAI – 400 028 MAHARASHTRA STATE.
... PETITIONER
(BY SRI SANDESH J.CHOUTA, SR.ADVOCATE A/W SRI SUNIL KUMAR S., ADVOCATE)
AND:
ENFORCEMENT OF DIRECTORATE THROUGH DEPUTY DIRECTOR GOVERNMENT OF INDIA, 3RD FLOOR, ‘B’ BLOCK, BMTC, SHANTHINAGAR -TTMC , K.H.ROAD, SHANTHINAGAR, BENGALURU KARNATAKA – 560 027.
... RESPONDENT
(BY SRI MADHUKAR DESHPANDE, ADVOCATE)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN ENFORCEMENT CASE INVESTIGATE REPORT BEARING NO. ECIR/BGZO/85/2022 DATED 15/12/2022 PENDING ON THE FILE OF HONBLE PRL.CITY CIVIL AND SESSIONS JUDGE (CCH-1) AT BENGALURU INITIATED BY BENGALURU ZONAL OFFICE OF THE DIRECTORATE OF ENFORCEMENT AT ANNEXURE-A TO THE WP.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 08.02.2023, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The subject petition is preferred by the accused in Crime No.23 of 2018 seeking quashment of proceedings in Enforcement Case Information Report dated 15.12.2022 initiated by the Bangalore Zonal office of the Directorate of Enforcement.
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of the same facts and the same crime. The grounds urged in support of this petition and the relief that is sought is also similar to the grounds and relief sought in Writ Petition No.1269 of 2023. Writ Petition No.1269 of 2023 is disposed of today i.e., 16-02-2023.
Sd/JUDGE
bkp CT:MJ
2 issues framed by the court
Whether to allow the writ petition seeking quashment of proceedings under the Enforcement Case.
Whether to dispose of the present petition on the same lines as Writ Petition No. 1269 of 2023.
Mr. Mahesh Bhupatkumar Oza
Enforcement of Directorate through Deputy Director Government of India
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
