Suresh Venkatachari v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN and W.M.P.Nos.5632, 5633, 5636 & 5637 of 2024 Suresh Venkatachari ... Petitioner in WP.No.5120/2024 Rohit Arora ... Petitioner in WP.No.5121/2024 Vs.

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 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.

For Petitioners : Mr.T.N.C.Kaushik (in both WPs) For Respondent : M/s.Cibi Vishnu (in both WPs) COMMON ORDER (Order of the Court was made by SUNDER MOHAN, J.) 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.

2. Since the ECIR proceedings and the F.IR. for the predicate offence have been quashed, the respondent cannot proceed with the impugned PAO.No.04/2023 dated 19.04.2023.

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. [M.S.R., J] [S.M., J] 13.03.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Sni To 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

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Sni 13.03.2024