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TMI Blog2024 (1) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... d the view expressed by a full Bench of the Andhra Pradesh High Court, wherein it held that, when the power was exercised under Article 226 of the Constitution for quashing of a criminal proceeding, there was exercise of criminal jurisdiction. A distinction was sought to be made between proceedings for quashing of the FIR under Section 482 of the Criminal Procedure Code and the powers exercisable by the High Court under Article 226 of the Constitution for quashing of criminal proceedings. The present writ appeals are not maintainable and are accordingly dismissed. - HON BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON BLE MR. JUSTICE R. RAGHUNANDAN RAO For the Appellants : Mr. A. R. L. Sundaresan, Additional Solicitor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Sciences which is a Society registered under the Andhra Pradesh Societies Registration Act, 2001 (hereinafter referred to as the Act, 2001 ), on the basis of two FIRs bearing Crime No. 85 of 2021, dated 03.03.2021 for offences punishable under Sections 420, 406, 120B r/w Section 34 of IPC and Crime No. 346 of 2021 dated 19.06.2021 for offences punishable under Sections 120B, 409, 471, 420 and 506 of IPC registered at Mangalagiri police station. 4. Since the dispute primarily involved the control over the management of the NRI Academy of Sciences which was running a one thousand bedded hospital including medical colleges and nursing homes, a Division Bench of this Court vide judgment and order dated 22.02.2022 passed in W.A.Nos.234 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment and order dated 22.02.2022, passed in W.A. Nos. 234 of 2022 and batch and therefore, made a prayer that the FIRs in question be quashed. An affidavit also appears to have been filed by the complainant in the aforementioned proceedings before the learned single Judge tendering his unconditional consent for quashing of the FIRs. Based upon the aforementioned facts which were placed before the learned single Judge, the proceedings in regard to Crime No. 85/2021 and 346/2021 were quashed without going into the merits of the cases. 6. The W.P. No. 18057 of 2023, came to be filed by respondent No. 1 herein challenging the proceedings initiated by the appellants herein under the provisions of the PMLA, 2002 on the ground that the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the 2002 Act cannot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, unless it is so registered with the jurisdictional police and/or pending enquiry/trial including by way of criminal complaint before the competent forum. If the person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him or any one claiming such property being the property linked to stated scheduled offence through him. The judgment in Vijay Madanlal Choudhary case (supra) was followed subsequently by the Apex Court in Assistant Director Enforcement Directorate vs. M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een proceedings for quashing of the FIR under Section 482 of the Criminal Procedure Code and the powers exercisable by the High Court under Article 226 of the Constitution for quashing of criminal proceedings. The Apex Court, however, held the view so expressed by the full Bench of the composite High Court of Andhra Pradesh as incorrect. It was held: 56. As we find from the decisions of the aforesaid three High Courts, it is evident that there is no disagreement or conflict on the principle that if an appeal is barred under Clause 10 or Clause 15 of the Letters Patent, as the case may be, no appeal will lie. The High Court of Andhra Pradesh, however, has held that when the power is exercised under Article 226 of the Constitution for qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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