R. NATARAJ
Lokesh – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
1. The petitioners have challenged the order dtd. 9/2/2021 passed by the XLVII Addl. City Civil and Sessions Judge and Special Judge for CBI Cases at Bengaluru (CCH No.48) in Spl.CC.No.77/2011, by which it rejected an application filed by the petitioners under Sec. 245(2) read with Sec. 227 of Cr.P.C.
2. The short facts required to discern the dispute in issue are that the respondent initiated prosecution of the petitioners by a complaint under Sec. 45(1) of the Prevention of Money Laundering Act, 2002. It was claimed in the complaint that the petitioner No.1 was accused of certain schedule offences under the Prevention of Money Laundering Act in various Police Stations in Crime No.274/2005 at Yelahanka Police Station, Crime No.152/2007 at Hulimavu Police Station, Crime No.451/2008 at Rajagopalnagar Police Station, Crime No.196/2009 at Rajarajeshwarinagar Police Station and Crime No.740/2009 at Kamakshipalya Police Station. It was accused that the petitioner No.1 had utilized the proceeds of the crime to purchase certain properties. It was alleged that accused No.2 being the wife of accused No.1 had purchased certain properties in her name and she claimed that she had raise
Acquittal in scheduled offences leads to the termination of proceedings under the Prevention of Money Laundering Act.
Discharge from offence of money laundering – Once a person is discharged or acquitted from scheduled offence, very foundation gets knocked out and charge of Money Laundering will not survive as there....
The offence under Section 3 of the Prevention of Money-Laundering Act, 2002 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence, and prosecution ....
The main legal point established is that if a person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there....
The central legal point established in the judgment is that if an accused is acquitted in a predicate offence, there can be no offence of money laundering against them, and the proceedings initiated ....
If a person is finally discharged/acquitted of the scheduled offence, there can be no offence of money laundering against him.
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