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2023 Supreme(Del) 5806

AMIT SHARMA
Rajinder Singh Chadha – Appellant
Versus
Union of India Ministry of Home Affairs Through Its Chief Secretary – Respondent


Advocates appeared:
Mr. Sandeep Sethi, Senior Advocate with Mr. Giriraj Subramanium, Advocate, Mr. Akhilesh Talluri, Advocate, Mr. Joy Banerjee, Advocate, Mr. Ravi Pathak, Advocate, Mr. Simarpal Singh Sawhney, Advocate, Ms. Urvashi Singh, Advocate and Mr. Siddhant Juyal, Advocate, for the Appellant; Mr. Amit Tiwari, Senior Panel Counsel, for the Respondent-1/Union of India, Mr. Zoheb Hossain, Special Counsel, for the Respondent-2/Directorate of Enforcement with Mr. Vivek Gurnani, Advocate and Mr. Kartik Sabharwal, Advocate, for the Respondent.

JUDGMENT

Amit Sharma, J. - The present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks primarily the following prayer:

    "i. Pass a writ/order/direction in the nature of certiorari thereby issuing direction to quash and set aside all proceedings and actions taken pursuant to the Enforcement Case Information Report bearing number ECIR/09/HIU/2019 dated 27.06.2019."

    Background

    2. Briefly stated, the facts of the case, relevant for adjudication of the present petition are as under:

      i. Two FIRs, i.e., FIR No. 16/2018 dated 24.01.2018 and FIR No. 49/2021 dated 12.03.2021 were registered under Sections 420/406/120B of the Indian Penal Code, 1860 ('IPC') at PS Economic Offences Wing ('EOW'). The said FIRs were registered against the persons accused therein, including the petitioner and arose out of a similar set of facts and circumstances.

      ii. In both the FIRs, the respective complainants, inter-alia, alleged that despite payment of monies in 2006-07, they did not receive possession of flats, as was promised by accused company M/s Uppal Chadha Hi-Tech (hereinafter referred to as the 'company'). It was alleged tha

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