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Madras High CourtWMP/29023/2023dismissed

Mr.Velu .E. v. Mr.D.C.Elangovan

2023-10-09Honourable Mr Justice N. Sathish Kumar3 pages

IN WP NO.25723 OF 2023 N.SATHISH KUMAR, J.

This Miscellaneous Petition has been filed to recall the orders dated 05.09.2023 and 26.09.2023 passed by this Court in W.M.P.Nos.25154 and 25155 of 2023 in W.P.No.25723 of 2023 mainly on the ground that there is suppression of material facts and FIR has already been registered against six persons and therefore, all the persons should be included in the offence and should be investigated.

2.This Court is of the view that merely on the aforesaid ground, the earlier orders passed by this Court cannot be recalled. 3.This Court by order dated 26.09.2023 passed in W.M.P.Nos.25154 and 25155 of 2023 in W.P.No.25723 of 2023 has directed the Investigating Agency to conduct enquiry of all the persons involved in the entire transaction and proceed with further. It is for the Investigating Agency to unearth all the allegations against the persons involved in the entire transaction.

4.Let the Enforcement Directorate as well as the Income-Tax Department enquire about the money transaction involved in this matter. 5.Accordingly, this Miscellaneous Petition is dismissed. However, it is made clear that it is for the Investigating Agency in all Wings referred to above to enquire any person including the vendor, purchaser and all other persons.

6.Post the matter before the concerned Portfolio Judge. 09.10.2023 (1/2) TK

N.SATHISH KUMAR, J.

TK 09.10.2023 (1/2)