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TMI Blog2025 (1) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the matter of State Versus Lakhwinder Singh in case bearing No.1/24, before the learned Special Court (PMLA) Dharamshala, are quashed. It is however, made clear that notwithstanding the aforesaid quashing, it shall remain open to the Enforcement Directorate to register ECIR afresh and launch prosecution against the petitioner under Section 3 of the PMLA, if ultimately the Court of Addl. Chief Judicial Magistrate, Una frames charges, alters charges in terms of Section 239 of BNSS for offence/offences, which are specifically mentioned in the schedule of PMLA. Conclusion - The court quashed the ECIR, prosecution complaint, and summoning order due to the lack of a scheduled offence. Petition disposed off. - The Hon ble Mr. Justice Bipin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing being done by the petitioner and other persons. The Enforcement Directorate vide letter dated 25.09.2022, in the aforesaid facts and attending circumstances had requested the concerned jurisdictional police for registering a FIR under Section 120B and 420 IPC. 4. On 26.09.2022, a FIR No.315 of 2022, under Sections 120B and 420 of IPC was registered by the jurisdictional police in pursuance to the aforesaid letter dated 25.09.2022. In pursuance to the aforesaid FIR, on 26.09.2022, the petitioner was arrested. As a sequel thereto, the petitioner filed a bail petition, which was allowed by the High Court on 10.11.2022. 5. In the aforesaid FIR, challan has been presented. A copy of the challan has been placed on record. From a perusal of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf be a scheduled offence unless conspiracy alleged is of committing of an offence specifically included in the Schedule under the Prevention of Money Laundering Act, 2002. In this respect, learned counsel for the petitioner has placed reliance upon Pavana Dibbur Vs. Directorate of Enforcement, AIR 2024 SC 117. 11. Other than the aforesaid, learned counsel for the petitioner submits that insofar as FIR No.315 of 2022, dated 26.09.2022 is concerned, the jurisdictional Police after conducting investigation has filed a challan under the provisions of Mines and Minerals Act. Cognizance thereupon has also been taken qua offences under the Mines and Minerals Act by the Court of competent jurisdiction. 12. It is the contention of the learned coun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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