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TMI Blog2022 (1) TMI 1428X X X X Extracts X X X X X X X X Extracts X X X X ..... ause, 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the petitioners and Mr. Rajnish Pathiyil, learned Special Public Prosecutor for the Enforcement Directorate. 4. Mr. Ramesh Kumar submitted that the impugned ECIR refers to the FIRs that were registered by the CCB and therefore, the present petition under Section 482 Cr.P.C. is maintainable. In support of his contention, he placed strong reliance on the judgments of the Delhi High Court in Arun Kumar Mishra Vs. Directorate of Enforcement and Ajanta Merchants Pvt. Ltd. Vs. Directorate of Enforcement. 5. This Court perused the aforesaid two judgments, wherein, petitions under Section 482 Cr.P.C. have been entertained by a learned Single Judge of the Delhi High Court for quashing the ECIR proceedings, but, without any discussion on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 605], wherein, in paragraphs 13 and 17, it has been held as follows: 13. The ECIR is an administrative form that is used by the Enforcement Directorate for commencing the investigation of a case. Be it noted that the E CIR form is not in pari materia with the form that is used by the police to register an FIR under Section 154 Cr.P.C. read with the Rules framed for that purpose by the State Government. 17. An investigation under the PML Act gets triggered against a person only if he is found to have been involved in a 'schedule offence'. Thus, when the police register a case against a person for a 'schedule offence' and when the Enforcement Directorate comes to know of it, they can commence investigation under the PML Act b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 9. This view has found favour with the judgment of the Supreme Court in State of W.B. and Others Vs. Sujit Kumar Rana [ (2004) 4 SCC 129]. For better appreciation, the relevant paragraph from Sujit Kumar Rana (supra) is extracted hereunder: 33. From a bare perusal of the aforementioned provision, it would be evident that the inherent power of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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