The petition filed u/ss 4, 10, and 12 of the Fugitive Economic ...

Court Upholds Summons Under Fugitive Economic Offenders Act; Rejects Petitioner's Challenge Due to Jurisdiction Issues.

November 13, 2024

Case Laws     Indian Laws     HC

The petition filed u/ss 4, 10, and 12 of the Fugitive Economic Offenders Act challenges the summoning order and seeks to quash the miscellaneous application. The court examined the scope of jurisdiction exercised by the Special Judge in issuing the summons. The complainant stated the accused owns properties listed in Annexures A to A3, acquired through proceeds of crime exceeding Rs. 100 crores, warranting application of Section 2(1)(f) of the Act. A combined reading of Sections 4 and 10 requires the Special Court to issue notice upon filing an application u/s 4 as per the prescribed Rules. The Fugitive Economic Offenders Act is a special statute, and the argument regarding "duly filed" must be understood per the Rules. The complainant provided detailed information and supporting documents, recording the "reason to believe." The petitioner's arguments were rejected, as the respondent pointed out non-disclosure of the UK address, invoking the court's jurisdiction without clean hands. The petitioner could have appeared before the Special Judge u/s 11 but invoked Section 482 Cr.P.C. jurisdiction instead. The court found it inappropriate to interfere, considering the peculiar facts and circumstances, and the availability of Section 11 proceedings.

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