HC quashed the cognizance order against the petitioner, a public ...

Public Servant Shielded from Money Laundering Prosecution Due to Lack of Mandatory Sanction Under PMLA Section 197

April 7, 2025

Case Laws Money Laundering HC

HC quashed the cognizance order against the petitioner, a public servant holding the position of Joint Secretary in the Department of Commerce and Industry, in a money laundering case under PMLA. The court held that since the alleged offence was connected to official duties, prosecution sanction was mandatory. The Special Judge (PMLA), Raipur had taken cognizance without obtaining requisite prosecution sanction, rendering the proceeding illegal. The HC set aside the cognizance order and granted the Enforcement Directorate liberty to seek fresh cognizance after obtaining proper prosecution sanction, emphasizing the procedural requirement for prosecuting public servants.

View Source

← Previous Next →

HC quashed the cognizance order against the petitioner, a public ...

Public Servant Shielded from Money Laundering Prosecution Due to Lack of Mandatory Sanction Under PMLA Section 197

April 7, 2025

Case Laws Money Laundering HC

You may also like:

HC rejected discharge application in money laundering case involving Resolution Professional (RP). Court affirmed RPs qualify as public servants under Prevention of...

Money Laundering - Fraud by Additional Director of the company with the help of forged documents - commission of scheduled offence - The case of VMT Mills can be better...

Petition u/s 227 of Criminal Procedure Code for discharge dismissed. Allegations in complaint constitute offence of money laundering u/s 3 of PMLA. Prosecution of...

Scheduled offence is a prerequisite for initiating proceedings under the Prevention of Money Laundering Act (PMLA). The offence of money laundering u/s 3 of PMLA...

Money Laundering - illegal mining of granite, causing damages to human life and properties using explosives - scheduled offences - The High Court clarified that the...

Money laundering case involving proceeds of crime from scheduled offence of conspiracy to siphon crores of rupees deposited by innocent bank depositors. Key points:...

The High Court denied bail to the accused, a public servant, in a money laundering case involving bribery for tender allotments. The accused's family members were also...

SC held that the HC's bail order in a money laundering case was unsustainable due to non-compliance with mandatory conditions under Section 45 of PMLA. The HC failed to...

Anti-Money Laundering (AML) / Combating the Financing of Terrorism (CFT) Standards - Money changing activities - Circular

In a money laundering case involving a predicate offence related to an illegal kidney transplantation racket and offences under the Indian Penal Code and Transplantation...

The High Court dismissed the petitions seeking to quash the criminal complaint under the Prevention of Money-Laundering Act, 2002 (PMLA). The petitioners argued that the...

The High Court dismissed the criminal revision petition filed by the petitioners challenging the order rejecting their discharge petition in a money laundering case. The...

Source of Income of Public Servant or Ostensible Owner - Addl. CIT - Abuse of official position, as public servant - possession of disproportionate assets - This Court...

Bribe - bribing the public servant, having abetted P.W. 1 for commission of the offence - if it is a definite case that the accused came and gave money as it is...

Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Obligation of Authorised Persons under Prevention of...

Quick Updates: