2019 (1) TMI 1924 - HC - Money Laundering

Money Laundering - summon of petitioner through arrest warrants - Section 482 of Cr.P.C. - HELD THAT - The present petition is disposed of in same terms as in S.B. Criminal Misc. Petition No.7892/2018 Pushpendra Agarwal vs Mukesh Kumar Meena Assistant Director EnforcementDirectorate Jaipur Zonal decided on 17.12.2018 2018 (12) TMI 1808 - RAJASTHAN HIGH COURT where it was held that

Summary

Issues:
1. Conversion of arrest warrants to bailable warrants in a complaint case under the Prevention of Money Laundering Act, 2002.

Analysis:
The judgment delivered by the High Court of Rajasthan pertains to the conversion of arrest warrants to bailable warrants in a case involving offenses punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002. The petitioner's counsel argued that the trial court should not have issued arrest warrants to summon the petitioner in a complaint case. Citing the case of Inder Mohan Goswami & Another Vs. State of Uttaranchal, the petitioner contended that summoning through arrest warrants in a complaint case was not appropriate. The High Court considered the arguments presented by both the petitioner's counsel and the Public Prosecutor representing the State.

The High Court, in light of the judgment cited, decided to convert the arrest warrants issued against the petitioner into bailable warrants. The court noted that the petitioner should not have been summoned through arrest warrants in a complaint case. Consequently, the present petition was disposed of in the same terms as the order passed in a similar case involving co-accused Pushpendra Agarwal on 17.12.2018. The counsel for the petitioner prayed for the disposal of the present petition in alignment with the aforementioned order, and the court granted the same, concluding the matter in accordance with the previous judgment.

This judgment highlights the importance of adhering to procedural requirements and legal principles in summoning accused individuals in complaint cases under the relevant legislation. The conversion of arrest warrants to bailable warrants signifies a procedural correction based on the legal interpretation provided by the High Court. The reference to a previous case involving a co-accused establishes consistency in judicial decisions and ensures uniformity in the application of legal principles within the jurisdiction of the court.