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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 ..... eport 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 case. Having not done so, petitioner is justified in approaching this Court. Section 482 Cr.P.C saves the inherent power of the High Court. The said provision clothes this Court with the power to make such orders as may be necessary to give effect to any order under the Cr.P.C to prevent ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a (Sr.) Adv G. Chitra. For the Respondents : Sri. Jayashankar. V. Nair, Standing Counsel. ORDER BECHU KURIAN THOMAS, J. Petitioner, though a de facto complainant, has approached this Court under section 482 of the Code of Criminal Procedure (for short 'Cr.P.C') seeking 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been observed that 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 anyone claiming such property 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... propriate orders under section 482 Cr.P.C. The scope of the power under section 482 Cr.P.C is not limited or constricted by the character or nature of the order under challenge. Even an administrative order can be quashed in exercise of the power under 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. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The final report in the predicate offence did not reveal the commission of any criminal offence. The order of the learned Chief Judicial Magistrate, Thrissur accepting the final report as RC.No. 73/2023 on 05.01.2024 is an order issued under the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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