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Bombay High CourtIA/1296/2022disposed off

Nandkishor Chaturvedis S/O. Brijanand Chaturvedi v. Directorate Of Enforcement

2022-04-25Hon'Ble Justice Revati Mohite Dere2 pages

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.04.26 14:09:22 +0530 1-IA.1296.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.1296 OF 2022 IN CRIMINAL APPLICATION NO.995 OF 2021 Nandkishor Chaturvedi Son of Brijanand Chaturvedi ...Applicant

Versus

Directorate of Enforcement

...Respondent

Mr. Vikram Chaudhari, Senior Advocate i/b Ms. Neha Ahuja, for the Applicant.

Mr. Anil Singh, Additional Solicitor General a/w Mr. Aditya Thakkar, Mr. Shreeram Shirsat, Mr. Pranav Thackur, Ms. Smita Thakur and Mr. Amandeep Singh Sra, for the Respondent No.1 - ED. CORAM : REVATI MOHITE DERE, J.

DATE : 25th APRIL 2022 P.C. :

1.

By this interim application, the applicant seeks recall of the order dated 17th March 2022 passed in Criminal Application No.995 of 2021.

2.

Criminal Application No.995 of 2021 was disposed of having regard to the statement made by the learned Additional Solicitor General, that the question of considering the prayers sought for, by the applicant in the said application, as on that date, did not arise, having regard to the fact, .N. S. Chitnis 1/2

1-IA.1296.2022.doc that the applicant was not an accused, on the said date. Infact, it was stated that in the majority of the reply, wherever, the applicant was referred to as an accused, the same is a typographic error and that the said reference to the applicant as an accused, be treated as ignored. The statement of the learned Additional Solicitor General that the applicant was not an accused, as on that date, was accepted and the application was disposed of. Infact, liberty was granted to the applicant to seek the same reliefs, as sought for in the application, if the occasion, so arises, since as on that date the applicant was not an accused. All contentions of all parties were kept open. 3.

Hence, no ground is made out for recall of the order dated 17th March 2022. It is always open for the applicant to avail of the liberty granted vide order dated 17th March 2022.

4.

Interim Application is accordingly disposed of on the aforesaid terms.

5.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

.N. S. Chitnis 2/2