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Madras High CourtCRL MP/19467/2023ordered

Shri Suresh Kumar Kochar v. The Assistant Director,

2023-12-15Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan1 pages

Crl.MP.No.19467/2023 in Crl.OP.No.28042/2023 S.S.SUNDAR, J.

AND SUNDER MOHAN, J.

[Order of the Court was made by S.S.SUNDAR, J.,] Mr.Rajnish Pathiyil, learned Special Public Prosecutor accepts notice on behalf of the respondent / Enforcement Directorate.

2.It is brought to the notice of this Court by the learned counsel for the petitioner that the charge against the petitioner is not under any offence which is found in the Schedule. The petitioner is not charged under Section 420 of IPC as a predicate offence.

3.It is in the said circumstances, this Court finds that the issue is directly covered by the judgment of the Hon'ble Supreme Court in the case of Pavana Dibbur Vs. Directorate of Enforcement reported in 2023 SCC Online SC 1586.

4.Hence, there shall be an order of interim stay as prayed for.

5.Post after four weeks for filing counter.

[S.S.S.R., J] [S.M., J] 15.12.2023 AP Internet: Yes https://www.mhc.tn.gov.in/judis