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C. V. BHASKAR REDDY
Pattuoakkaran Girisha Babu – Appellant
Versus
Union of India – Respondent
ORDER:
This Writ Petition is filed seeking to issue a Writ of Certiorari by calling for the records relating to the order, dated 30.09.2022 passed by respondent No.4 in Original Complaint (OC).No.1738/2022, confirming the Provisional Attachment Order No.11 of 2022 in ECIR/08/HZO/2012 passed by respondent No.3 and consequently prayed this Court to set aside the said orders and for other appropriate reliefs.
2. It is the case of the petitioner that he is a Non-Resident Indian, holding an Indian Passport bearing No.M9957325 and he is engaged in the business of manufacturing gold jewellery in Dubai in the name and style of M/s. Yahya Eid Goldsmithing Jewellery, L.L.C. It is the further case of the petitioner that initially an F.I.R. was registered vide No.RC-4(E)/2011, dated 19.10.2011 by the Central Bureau of Investigation, Bank Securities and Frauds Cell, Bangalore, against one Mr. Sanjay Agarwal, Managing Partner of the firm M/s. Ghanshyamdas Gems and Jewels and others for the offences punishable under Sections 420, 467 and 468 read with 471 of I.P.C, and after completion of investigation, charge sheet has been laid wherein he was not arrayed as accused. Subsequently, another FIR NO.R
The court ruled that a writ petition under Article 226 cannot be entertained if an effective alternative remedy exists, emphasizing the need to exhaust statutory remedies before approaching the High ....
Properties acquired before the commission of an alleged offence cannot be attached under the Prevention of Money Laundering Act, and due process must be followed in such proceedings.
The court ruled that statutory remedies must be exhausted before seeking relief under Article 226 of the Constitution.
The High Court must refrain from exercising jurisdiction under Article 226 when an alternative remedy is available, unless extraordinary circumstances exist.
Court cannot take cognizance and quash or stay criminal proceedings without having territorial jurisdiction.
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