AMAR MANDAL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The instant interlocutory application has been for staying all further proceeding in connection with ECIR/RNZO/08/2023 during pendency of the present writ petition.

(2.) The occasion to file this interlocutory application is based upon the ground primarily that even though the writ petitioner has been acquitted in the predicate offence arising out of Poraiyahat P.S. Case No. 07 of 2019 registered under Sec. 120B and 414 of IPC read with Ss. 4 and 21 of the Mines and Minerals (Development and Regulation) Act, then also the respondent-ED is carrying out the inquiry/investigation in ECIR/RNZO/08/2023 dtd. 13/2/2023.

(3.) The ground has been taken that the moment the order of acquittal in favour of the present writ petitioner has been passed by the competent court of criminal jurisdiction vide judgment dtd. 10/2/2026 by learned Judicial Magistrate First Class, Godda, there is no authority available to the respondent-ED to proceed with the further investigation in ECIR/RNZO/08/2023 since the said ECIR is based upon the involvement of the present petitioner in the predicate offence.