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HIGH COURT OF CHHATTISGARH
Arvind Kumar Verma
Manoj Kumar Soni S/o Sh. Narayan Prasad Soni – Appellant
Versus
Directorate of Enforcement Through Assistant Director, E.D., Raipur Zonal Office - Raipur Chhattisgarh – Respondent
Judgment :
(Arvind Kumar Verma, J.)
1. The instant revision has been filed under Section 438 read with Section 422 BNSS, 2023 against the order dated 05/10/2024 passed by the learned Special Judge (PMLA), Raipur, C.G. whereby the cognizance has been taken in prosecution complaint dated 28/06/2024 filed in ECIR/RPZO/04/2023 dated 14/10/2023 againstthe petitioner under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002.
2. The brief facts of this case are that:-
- On 16.01.2024, the ACB/ EOW, Raipur registered an FIR bearing no. 01/2024 for commission of offences u/S 120B and 409 IPC and Section 13(1)(a) and Section 13(2) read with Section 11 of the Prevention of Corruption Act, 2018 (as amended) inter alia arraigning the Petitioner as an accused.
- On 19.04.2024, the ED registered an addendum ECIR based on the FIR No. 01/2024 registered by ACB/EOW, which in turn was registered on the ED's own complaint/ letter dated 09.01.2024. On 28.06.2024, after completion of investigation, the ED filed its prosecution complaint in the Subject ECIR before the Ld. Trial Court, arraigning the Petitioner as Accused No. 1.
- On 05.10.2024, Ld. Special Judge passed the order there
Cognizance of offences against public servants under the PMLA requires prior sanction under Section 197 CrPC, as established by the Supreme Court.
Cognizance of offences against public servants requires prior sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, failing which the cognizance is illegal.
(1) Provisions of Section 197(1) of Cr.P.C. are applicable to complaint under Section 44(1)(b) of PMLA.(2) There is no embargo on considering plea of absence of sanction, after cognizance is taken by....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
The court upheld that cognizance is taken of the offence rather than the offender, enabling supplementary complaints without violating prior hearing mandates, confirming no sanction under Section 197....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for offences in discharge of o....
The PMLA's application is concerned with the ongoing nature of financial misconduct, allowing proceedings even for actions predating its enforcement, where evidence showcases potential 'proceeds of c....
Point of Law : High Court was absolutely right in setting aside the order of the Special Judge. Unlike Section 19 of the PC Act, the protection under Section 197 CrPC is available to the public serva....
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