Allowed

Suresh Venkatachari v. the Deputy Director

Madras HC13 Mar 2024WP/5120/2024

Case brief

AI extract

What is this about?

High Court quashed the prosecution's provisional attachment order and proceedings under the Prevention of Money-Laundering Act, holding that such proceedings cannot proceed as the predicate FIR and Earned Case Information Report had been quashed earlier by this Court.

What did the court decide?

Provisional attachment order (PAO No.04/2023) and associated proceedings quashed; petitioners allowed to lift attachment.

Suresh Venkatachari Vs the Deputy Director — Banking and Recovery | Madras HC (2024)

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W.P.Nos.5120 & 5121 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.03.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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W.P.Nos.5120 & 5121 of 2024 and W.M.P.Nos.5632, 5633, 5636 & 5637 of 2024

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Suresh Venkatachari ... Petitioner in WP.No.5120/2024 Rohit Arora ... Petitioner in WP.No.5121/2024

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Vs.

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The Deputy Director, Enforcement Directorate, Chennai, Chennai Zonal Office-I, Nos.3 & 4, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai – 06. in ECIR/CEZO-1/17/2020 ... Respondent in both WPs

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Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records in PAO No.04/2023 dated 19.04.2023 passed by the respondent and confirmed by the Adjudicating Authority in OC 1975/2023 dated 09.10.2023 and quash the same.

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Page 1 of 4 https://www.mhc.tn.gov.in/judis

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W.P.Nos.5120 & 5121 of 2024

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For Petitioners : Mr.T.N.C.Kaushik (in both WPs) For Respondent : M/s.Cibi Vishnu (in both WPs)

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COMMON ORDER

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(Order of the Court was made by SUNDER MOHAN, J. )

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Admittedly, the F.I.R for the predicate offence against these petitioners, was quashed by this Court in Crl.O.P.Nos.30980 & 23687 of 2019 vide order dated 10.05.2023. Subsequently, the ECIR recorded by the respondent was also quashed by this Court vide order dated 12.12.2023 in WP.No.10901 of 2023 etc. batch.

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2. Since the ECIR proceedings and the F.IR. for the predicate

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offence have been quashed, the respondent cannot proceed with the impugned PAO.No.04/2023 dated 19.04.2023 .

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Page 2 of 4 https://www.mhc.tn.gov.in/judis

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W.P.Nos.5120 & 5121 of 2024

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3. Accordingly, these Writ Petitions stand allowed and the proceedings of the respondent in PAO.No.04/2023 dated 19.04.2023, is hereby quashed. The petitioners are at liberty to intimate the concerned Registering Authority about the lifting of the provisional attachment order for removing the encumbrance of attachment over the subject properties. No costs. Connected miscellaneous petitions are closed.

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[M.S.R., J] [S.M., J]

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Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No

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Sni

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The Deputy Director, Enforcement Directorate, Chennai, Chennai Zonal Office-I, Nos.3 & 4, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai – 06. in ECIR/CEZO-1/17/2020

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Page 3 of 4 https://www.mhc.tn.gov.in/judis

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W.P.Nos.5120 & 5121 of 2024

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M.S.RAMESH, J. and SUNDER MOHAN, J.

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Sni

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W.P.Nos.5120 & 5121 of 2024

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13.03.2024

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Page 4 of 4 https://www.mhc.tn.gov.in/judis

Suresh Venkatachari v. the Deputy Director

Case brief

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Suresh Venkatachari v. the Deputy Director

Case brief

What is this about?

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