THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.4671 OF 2024

O R D E R:

This Criminal Petition is filed by the petitioner seeking to quash the criminal proceedings against him in ECIR/HYZO/36/2020, dated 15.12.2020 by the Enforcement Directorate. The said investigation was initiated on the basis of the case filed by the Economic Offences Wing (for short ‘EOW’), Bhopal, Madhya Pradesh, for the offences under Section 120-B read with 420 and 471 of the Indian Penal Code and Section 7 read with 13(2) of the Prevention of Corruption Act, 1988.

02. Heard Ms. Shraddha Gupta, learned counsel for petitioner and Mr. Anil Prasad Tiwari, learned Standing Counsel for the respondent-

Enforcement Directorate. Perused the record.

03. The main contention of the learned counsel for the petitioner is that the predicate offence which was investigated by the EOW, Bhopal was tried before the competent Court and acquitted by the said Court. Till date, no appeal was filed questioning the said acquittal. He further submits that in view of the Judgment of the Honourable Supreme court in Vijay Madanlal Choudhary vs. Union of India and others, 2022 SCC OnLine SC 929, once the predicate offence re