D.P.Gupta v. The Deputy Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16..12..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Criminal Original Petition No.29378 of 2022 D.P.Gupta ..... Petitioner -VersusThe Deputy Director, Directorate of Enforcement, [The Prevention of Money Laundering Act, 2002], Ministry of Finance, Department of Revenue, 2nd and 3rd Floor, C-Block, Murugesan Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai 600006. .... Respondents Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the complaint in C.C.No.56 of 2018 on the file of the learned Principal Sessions Judge, Chennai, dated 22.10.2018 and to quash the same insofar as it relates to the petitioner. For Petitioner : Mr.G.Suresh Babu For Respondents : Mr.N.Ramesh, Spl. Public Prosecutor (ED Cases)
ORDER
[Order of the Court was made by N.ANAND VENKTESH.J.,] This Criminal Original Petition has been filed seeking to quash the complaint in C.C.No.56 of 2018 on the file of the learned Principal Sessions Judge, Chennai.
2. When the matter was taken up for hearing, the learned Special Public Prosecutor, brought to the notice of this court the order passed by the Apex Court in SLP (Crl) No.10627 of 2019 dated 02.12.2022. The relevant portion of the order is extracted hereunder:- "Learned Solicitor General fairly states that since there is a closure report in respect of the predicate offence which has been accepted, the present proceeding will not survive and consequently the ECIR No.CEZO/01/2017 stands quashed)."
3. The present prosecution in C.C.No.56 of 2018 stem from ECIR No.01/2017 on the file of the Directorate of Enforcement, Chennai, which has been quashed by the Apex Court. Consequently, this original petition
deserves to be allowed and the C.C.No.56 of 2018 on the file of learned Principal Sessions Judge, Chennai, is liable to be quashed. In the result, this Criminal Original Petition is allowed and criminal prosecution in C.C.No.56 of 2018 on the file of learned Principal Sessions Judge, Chennai, is hereby quashed (P.N.P., J.) (N.A.V.,J.) 16..12..2022 Index: Yes/No kmk To 1.The Principal Sessions Judge, City Civil Court, Chennai, 2.The Deputy Director, Directorate of Enforcement, [The Prevention of Money Laundering Act, 2002], Ministry of Finance, Department of Revenue, 2nd and 3rd Floor, C-Block, Murugesan Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai 600006. 3.The Spl. Public Prosecutor (ED cases), High Court, Madras.
P.N.PRAKASH.J., AND N.ANAND VENKATESH.J., kmk 16..12..2022