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V. KAMESWAR RAO, S. RACHAIAH
R. M. Manjunath Gowda – Appellant
Versus
Directorate of Enforcement, Ministry of Finance and Department of Revenue – Respondent
JUDGMENT (CAV)
V. Kameswar Rao J.—The challenge in this appeal is to an order dated 20.02.2024 passed by the learned Single Judge in WP No.22780/2023 with a further prayer to grant the prayers made in the writ petition. The prayers made in WP No.22780/2023 are the following:—
“Wherefore, this Hon’ble Court, be pleased to:—
a. Issue a Writ of mandamus or any other appropriate writ, order or direction calling for the records from the office of the Respondents connected to the impugned proceedings F.No. ECIR/BGO/05/2021, and
b. Issue a Writ of certiorari or any other appropriate writ, order or direction & quash the summons dated 06/10/2023 in F.No. ECIR/BGO/05/2021 as per Annexure A issued in the name of the Petitioner by the Respondent No.2 is illegal and bad at Law and
c. Consequentially Issue a Writ of certiorari or any other appropriate writ, order or direction quashing all consequential and incidental proceedings/action Initiated against the Petitioner in F.No.ECIR/BGO/05/2021 is illegal and bad at Law.
d. Issue a writ of mandamus, or any other appropriate writ, order or direction, forbearing the Respondent from proceedings in any manner contrary to Law.
e. Pass any or
Mere summons does not constitute a positive action entitling petitioner to question it in a writ petition – Mere charge-sheet or show-cause notice does not give rise to any cause of action.
The Enforcement Directorate can issue summons for further investigation under the PMLA Act without prior permission from the Special Court, and this does not violate the accused's rights under Articl....
The issuance of summons by the ED under Section 50 of the PMLA is part of the lawful investigation and does not amount to legal or factual malice unless the Applicant can establish otherwise.
(1) There is a statutory right of police to investigate cognizable crime without requiring any authority from judicial authority – Functions of judiciary and police are complementary, not overlapping....
The existence of jurisdictional fact is a condition precedent for the exercise of power by a Court of limited jurisdiction. The grant of stay of any particular proceedings would amount to eclipsing t....
(1) Money laundering – Law does not mandate taking of prior permission from Magistrate for carrying out further investigation, even after filing of charge-sheet.(2) Mere issuance of summons to accuse....
The absence of a scheduled offence precludes the establishment of money laundering charges under the PMLA, and the issuance of summons under PMLA is valid without the mandatory supply of ECIR.
Money Laundering – Issuance of summons – PMLA is a self-contained Code and dispensations envisaged thereunder, must prevail – At the stage of issue of summons, the person cannot claim protection unde....
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