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TMI Blog2024 (7) TMI 1577X X X X Extracts X X X X X X X X Extracts X X X X ..... eking to quash the proceedings initiated by the Enforcement Directorate (for short 'ED') under the Prevention of Money Laundering Act, 2002. 2. Petitioner is a scheduled bank, which had initiated FIR.N o. 38/2019 of Crime Branch, Thrissur, alleging offences including Sections 420 and 471 of the Indian Penal Code 1868 against respondents 2 to 4 and others. The aforesaid offences are scheduled offences under the Prevention of Money Laundering Act, 2002 (for short PML Act). While the crime was being investigated by the Crime Branch, pursuant to the FIR, the Enforcement Directorate stepped in and commenced their investigation after registering ECIR No. KCZO/05/2019. In the meantime, the Crime Branch completed the investigation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y being the property linked to stated scheduled offence through him". Thus, if the investigation into the predicate offence has ended in a refer charge, no offence under the PML Act will arise. 6. Concededly, the crime registered against respondent Nos. 3 to 5 has resulted in a final report referring the case as civil in nature. The final report has been accepted by the Chief Judicial Magistrate on 05.01.2024 as per Annexure A5, which is also not disputed. In view of the above, the predicate offence does not survive any more. Since the predicate offence is not in existence, the ED cannot continue its investigation on the proceeds of crime emanating out of the predicate offence. Consequently, the ED ought to have immediately closed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 482 Cr.P.C, if it is required to give effect to an order issued under the Cr.P.C or if it is necessary to secure the ends of justice. Further, as long as the power exists, the nomenclature under which the petition is filed is not relevant, unless a special procedure is mandatorily prescribed. As observed by the Supreme Court in the decision in M/s Pepsi Foods Ltd and another v. Special Judicial Magistrate and Others [(1998) 5 SCC 749] the power conferred on the High Court under Art. 226 and 227 of the Constitution and under S.482 of the Cr.P.C have no limits and the only restriction is that, more the power more care and caution ought to be exercised while invoking such powers. 9. In R. P. Kapur v. State of Punjab [AIR 1960 SC 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cr.P.C. To give full effect to such an order, this Court can exercise its inherent powers to quash a proceeding, including an administrative document like the ECIR, when it continues to exist, without legal authority. 12. I am also fortified in the above view by the decision of the Supreme Court in Crl. Appeal Nos. 391-392/2018 where the ECIR was quashed due to the acquittal of the accused in the predicate offence. Further, a learned Single Judge of this Court [Raja Vijayaraghavan. V (J.)] had also quashed the ECIR in Nandakumar V.P. v. Deputy Director, Directorate of Enforcement [2023 (6) KHC 1]. Accordingly, ECIR/KCZO/05/2019 registered by the first respondent and all proceedings pursuant thereto are hereby quashed. Crl.M.C is all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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