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2018 (9) TMI 456

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..... Public Prosecutor, for the Respondent. ORDER [Order per : Dr. G. Jayachandran, J. (Common)]. - This writ petition is directed against the registering of complaint under Section 5(5) of Prevention of Money Laundering Act, 2002 (hereinafter referred as PML Act). The petitioners herein are one of the partners of M/s. R.R. Minerals at Aruppukottai, wherein, the respondents have found that there is p .....

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..... when the petitioners have not been involved in any crime, the assets possessed by them cannot be termed as proceeds of crime or the petitioners are involved in money laundering. Therefore, the impugned order, in so far it relates to the petitioners, under Section 5(5) of PML Act is not sustainable and liable to be quashed. 2. Heard the Learned Counsel for the petitioners. For convenience, pr .....

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..... ting the facts of such attachment before the Adjudicating Authority. (i) Paragraph 1 of Part A and Part B of the Schedule, a report has been forwarded to a Magistrate under Section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); or (ii) Paragraph 2 of Part A of the Schedule, a police report or a complaint has been filed for taking cognizance of an offence by the Special Court .....

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..... , it is always open to the petitioner to approach the appropriate Court under the appropriate provision of law, for redressal of his grievance, if any. Therefore, both on merits as well as on the facts of the case, these petitions are not maintainable and liable to be dismissed. Accordingly dismissed. No costs. Consequently connected miscellaneous petitions are closed.
Case laws, Decisions, Ju .....

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