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TMI Blog2023 (1) TMI 1410X X X X Extracts X X X X X X X X Extracts X X X X ..... or not - proceeds of crime - The learned counsel for the accused Nos. 1 and 2/ petitioners submitted that in view of the Judgment rendered by Hon'ble Apex Court in Vijay Madanlal Choudhary and others v. Union of India and others [ 2022 (7) TMI 1316 - SUPREME COURT ], if the accused were acquitted in the scheduled offences, that should result in termination of the chargesheet filed for the pred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19.02.2021 passed by the XLVII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru, in Spl.C.C. No. 159/2015, by which an application filed by them under Section 190 read with Section 245(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') was rejected. 2. The shorts facts are that the Karnataka Lokayukta Police, Mysuru, had charge sheeted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te offence and the instant prosecution under the provisions of the PML Act was only on the basis of a chargesheet filed against accused No. 1 in the predicate offence. It was contended that under Section 3 of the PML Act, the accused No. 1/petitioner No. 1 must be in possession of proceeds of crime. Further, it was contended that explanation to section 3 of the PML Act was prospective in nature an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nlal Choudhary and others v. Union of India and others [2022 SCC Online SC 929], if the accused were acquitted in the scheduled offences, that should result in termination of the chargesheet filed for the predicate offences under the provisions of the PML Act. The learned counsel submitted that the petitioners / accused are already acquitted of the scheduled offences and therefore the proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X
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