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2025 Supreme(Cal) 297

IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Future Gaming of Hotels Services Pvt. Ltd. – Appellant
Versus
Enforcement Directorate, Kolkata – Respondent


Advocates Appeared:
For the Appellants : Meenakshi Arora, Kishore Datta, Sandipan Ganguly, Abhisekh Singh, Ayan Banerjee, Amit Bhatta, Chandratanay Chaube, Somopriyo Chowdhury, Debashree Dhamali, Kushal Bhattacharya, Riya Ghosh
For the Respondents: Dhiraj Trivedi, Debjani Ray, Steven Biswas, Kallol Mondal

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

Brief background

1. The instant two proceedings have been preferred by the petitioner herein seeking quashment of the proceeding being in ML Case No. 15 of 2013 pending before learned Special CBI Court 1 under section 3 read with section 70 of the Prevention of Money Laundering Act, 2002 (herein after called as PMLA) in CRR 4586 of 2023 along with Enforcement Case Information Report (in short ECIR) bearing no. KLZO I/22/2021 dated 28.05.2021 which were initiated by the Enforcement Directorate (in short ED). The said ECIR was registered by the ED pursuant to the FIR bearing no. 246/2019 dated 01.08.2019 at Bhawanipure PS Kolkata and FIR bearing no. 260 of 2019 dated 12.11.2019 registered at PS Beleghata (in short would be referred as Kolkata FIRs).

2. The petitioner at first challenged the continuation of the aforesaid ECIR before this court in CRR 708 of 2023 interalia on the grounds of the same being non-est without jurisdiction since the ECIR was based on the aforesaid two Kolkata FIRs, wherein police had submitted final report on the ground of mistake of facts and such closure report/final report had also been accepted by the concerned Magistrate.

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