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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Kamlesh Kumar S/o Krishna Mohan Prasad – Appellant
Versus
Union Of India Through Enforcement Directorate – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant petition has been filed under Section 482 Cr.P.C. for quashing the order taking cognizance dated 31.05.2002 passed in Complaint Case C. III 85 of 2002 corresponding to FERA/FEMA 2/02 by which the cognizance for the offence under Sections 56 r/w Sections 49(3) and (4) of the Foreign Exchange Management Act, 1999 for contravention of the provisions of Section 9(i)(i)(a) and 9(b)(i) r/w Section 64(2) of the Foreign Exchange Regulation Act has been taken including the order dated 06.04.2023 by which the application filed under Section 245(2) Cr.P.C. has been rejected with all subsequent proceeding holding it to be illegal and without jurisdiction.
Factual Matrix:
2. The prosecution case, as it appears from the complaint filed by the prosecution stating therein that in pursuance to the orders passed by the Hon'ble High Court on 11.3.1996 and judgment of the Hon'ble Supreme Court dated 19.3.1996, the CBI, Patna Branch took the investigation of Doranda P.S. Case No. 50/1996 (RC Case No. 55/96) under Sections 1208, 409, 420, 467, 468, 472, 471 and 420 IPC and Section 13 (2) read with Section 13 (1) and (d) of the Prevention of Corruption Act,
The principle of parity in legal proceedings requires careful consideration of the specific circumstances of each case, and immunity under the relevant foreign exchange laws does not exempt from pros....
The Court ruled that cognizance of certain offences related to a document produced in court is barred without a written complaint from the court, affecting how cases of forgery and abetment are prose....
The enforcement of foreign arbitral awards may only be refused on specific grounds as outlined in the Arbitration and Conciliation Act; violations of procedural norms do not themselves constitute a b....
The offence of money laundering under PMLA is independent of underlying scheduled offences; involvement in any process related to proceeds of crime suffices for liability under Section 3.
The accused continues to remain in the custody of the Magistrate till such time as cognizance is taken by the court trying the offence, when the said court assumes custody of the accused for purposes....
Supplementary charge sheets can be filed without prior court permission under Section 173(8) CrPC, reinforcing the court's authority and the need for clean hands in seeking judicial relief.
Criminal proceedings are unsustainable if the accused have been exonerated in prior adjudicative proceedings, reflecting an abuse of court process, as established under FERA.
Pending appeals do not suspend the obligation to comply with penalty orders under FERA, allowing for criminal prosecution.
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