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2022 (1) TMI 1428 - HC - Money LaunderingMaintainability of petition under Section 482 Cr.P.C. - Money Laundering - scheduled offence - scope of judicial review - registration of an ECIR by the officers of the Enforcement Directorate - HELD THAT - The registration of an ECIR is an administrative act that is done by the officers of the Enforcement Directorate, for initiation of an investigation under the PML Act, which is a special statute and therefore, the same cannot be quashed, in exercise of the powers under Section 482 Cr.P.C., because, the registration of the ECIR is not under the Code. The scope of Section 482 Cr.P.C. has been succinctly laid down by a Division Bench of this Court in K. RAJAMANICKAM AND ORS. VERSUS STATE OF TAMIL NADU AND ORS. 1991 (1) TMI 466 - MADRAS HIGH COURT which says that The first part or the first clause, understood as above, conveys that the inherent power of the High Court can come into play when it is necessary to give effect to any order under the Code, if there is no express bar and if there is no other provision of the Act to ensure the implementation of the order. The second part or the clause will be available if in any proceeding of a Court, whether the High Court or a Court subordinate to it, any abuse of process is found or otherwise it is felt that to secure the ends of justice certain order of the High Court is necessary; it may act thus to prevent the abuse of process of any Court or otherwise to secure the ends of justice. Thus, viewed from any angle, the registration of an ECIR by the officers of the Enforcement Directorate, cannot be a subject matter of judicial review under Section 482 Cr.P.C. The objection raised by the Registry is upheld and this petition stands dismissed as not maintainable at the SR stage itself.
Issues:
- Maintainability of the petition under Section 482 Cr.P.C. for quashing ECIR proceedings. Analysis: 1. Maintainability of the petition under Section 482 Cr.P.C.: - The case involved seven FIRs registered for offenses under Sections 120-B and 420 IPC, leading to the registration of an ECIR under the Prevention of Money Laundering Act, 2002 (PML Act). - The petitioners sought to quash the ECIR proceedings, arguing that the petition under Section 482 Cr.P.C. is maintainable as it refers to the registered FIRs. - The court examined judgments from the Delhi High Court but found them inconclusive on the maintainability issue. - Section 482 Cr.P.C. grants inherent powers to the High Court to prevent abuse of process or secure the ends of justice. 2. Scope of ECIR and Section 482 Cr.P.C.: - An ECIR is an administrative form used by the Enforcement Directorate to initiate investigations under the PML Act, distinct from an FIR under Cr.P.C. - The registration of an ECIR is an administrative act and cannot be equated with an FIR, as discussed in previous judgments. - The court highlighted that the ECIR document itself holds no significance in determining guilt or innocence under the PML Act. 3. Interpretation of Section 482 Cr.P.C. by Previous Judgments: - Previous judgments by the Madras High Court and Supreme Court clarified the scope of Section 482 Cr.P.C. - The inherent power of the High Court can be invoked to give effect to orders under the Code, prevent abuse of process, or secure the ends of justice. - The power under Section 482 can be exercised in relation to matters pending before a criminal court to ensure justice and prevent abuse of process. 4. Decision and Conclusion: - The court upheld the objection raised by the Registry regarding the maintainability of the petition under Section 482 Cr.P.C. - It ruled that the registration of an ECIR by the Enforcement Directorate cannot be subject to judicial review under Section 482 Cr.P.C. - Consequently, the petition was dismissed as not maintainable at the stage itself, emphasizing the administrative nature of ECIR registration and the limited scope of Section 482 Cr.P.C. for such matters.
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