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2022 Supreme(Mad) 1396

P. N. PRAKASH, A. A. NAKKIRAN
Karthik Dasari, Deputy Director, Directorate of Enforcement, Chennai – Appellant
Versus
State by the Inspector of Police, Central Crime Branch, Chennai – Respondent


Advocates appeared:
For the Petitioner: R. Sankaranaryanan, Addl. Sol. Gen. assisted by S. Sasikumar, Special Public Prosecutor (Enf. Directorate), Amicus Curiae, Hasan Mohamed Jinnah, Public Prosecutor.

Judgement Key Points

Response to Legal Query: Cases Related as Direct Party of the Complainant

In the provided judgment (2022 Supreme(Mad) 1396), the underlying criminal cases pending before the Additional Special Court for trial of criminal cases relating to MPs and MLAs (Singaravelar Maaligai, Chennai) involve multiple victims/de facto complainants as direct parties prosecuting the offenses against the accused (Senthil Balaji and others). These are the "predicate offenses" (scheduled offenses under PMLA) from which the Enforcement Directorate sought documents. The details are as follows:

  • C.C. No. 24 of 2021 (originating from CCB Cr. No. 441/2015)
    Provisions: 120-B, 465, 467, 471, 420 & 201 IPC; Sections 7, 12, and 13 of the Prevention of Corruption Act.
    Number of victims (direct complainants/parties): 84 [21001442610001] (!)

  • C.C. No. 19 of 2020 (originating from CCB Cr. No. 298/2017)
    Provisions: 406, 420 & 506(II) IPC.
    Number of victims (direct complainants/parties): 21 [21001442610001] (!)

  • C.C. No. 25 of 2021 (originating from CCB Cr. No. 344/2018)
    Provisions: 406, 420 & 506(I) IPC.
    Number of victims (direct complainants/parties): 44 [21001442610001] (!)
    Note: Prosecution in this case was quashed by the High Court in O.P. No. 13374 of 2021 on 30.07.2021 due to amicable settlement between the de facto complainant and accused [21001442610011].

These victims/complainants are the direct parties (as prosecutors/informants) in the listed C.C. Nos., registered by the Central Crime Branch (CCB), Chennai, alleging bribery for transport corporation appointments [21001442610001][21001442610002][21001442610006]. The State (Inspector of Police, CCB) represents them as the nominal respondent in the High Court petitions [legal_document header]. The Enforcement Directorate was a third party seeking records from these cases for PMLA investigation (ECIR No. 21 of 2022) (!) (!) (!) [21001442610003].


JUDGMENT

(Prayer in Crl.O.P. No.5725 of 2022: Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in Crl.M.P. No.20053 of 2021 in connection with C.C.No.25 of 2021 on the file of the Additional Special Court for trial of criminal cases relating to MPs and MLAs, Singaravelar Maaligai, Chennai and set aside the same for the purpose of a fair investigation and direct the said Court, to furnish the remaining unmarked documents in C.C. No.25 of 2021 for aiding the investigation under the Prevention of Money-Laundering Act, 2002, by the petitioner.

Crl.O.P. No.5726 of 2022: Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in Crl.M.P. No.20055 of 2021 in connection with C.C.No.24 of 2021 on the file of the Additional Special Court for trial of criminal cases relating to MPs and MLAs, Singaravelar Maaligai, Chennai and set aside the same for the purpose of a fair investigation and direct the said Judge, to furnish the remaining unmarked documents in C.C. No.24 of 2021 for aiding the investigation under the Prevention of Money-Laundering Act, 2002, by the petitioner.

Crl.O.P. No.5727 of 2022: Criminal Original Pet


































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