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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
| Table of Content |
|---|
| 1. details of the allegations against dr. k.m. prasad and kamlesh kumar. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. previous court applications and their outcomes. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. arguments by petitioners regarding statutory immunities. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. court's analysis of parity in criminal proceedings. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. discussion of statutory provisions relevant to remittances. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 6. assessment of previous court decisions and per incuriam considerations. (Para 47 , 48 , 49 , 50 , 51 , 52) |
| 7. judicial discipline and consistency in court orders. (Para 53 , 54 , 55 , 56 , 57 , 58 , 59) |
| 8. discussion on maintainability of consecutive petitions. (Para 60 , 61 , 62 , 63) |
| 9. final view leading to dismissal of the petition. (Para 64 , 65) |
| 10. conclusion of the judgment. (Para 66 , 67) |
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 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.
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