ECIR closed for present where no material showed a scheduled offence, with liberty to revive on later charge-sheet or charges.

The ECIR was directed to be closed for the present because the existing charge-sheet did not show that the petitioner had committed the scheduled offence under Section 420 of the Indian Penal Code. As no material then before the court indicated commission of a scheduled offence, protective relief was considered appropriate to balance the parties' interests. The respondents were left free to revive the proceedings if further investigation later resulted in a supplementary charge-sheet or if charges were framed in respect of a scheduled offence.

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Issues: Whether the Enforcement Case Information Report could be directed to be closed for the present in the absence of any material showing that the petitioner had committed a scheduled offence, with liberty to revive the proceeding if a supplementary charge-sheet was filed or charges were framed.

Analysis: The charge-sheet on record did not show that the petitioner had infringed Section 420 of the Indian Penal Code, 1860, which was the scheduled offence referred to. Although further investigation was continuing and a supplementary charge-sheet might be filed, there was, at that stage, nothing before the concerned court to indicate commission of a scheduled offence by the petitioner. In these circumstances, protective relief was warranted to balance the interests of both sides, while keeping open the respondents' ability to act again if the criminal case later disclosed a scheduled offence.

Conclusion: The subject ECIR was ordered to be closed for the present, with liberty to the respondents to revive it if a supplementary charge-sheet was filed or charges were framed concerning a scheduled offence.

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