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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
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
The main legal point established in the judgment is that the Enforcement Directorate should follow the prescribed procedure under the Criminal Rules of Practice, 2019 for obtaining certified copies o....
At the pre-charge stage, the accused is not entitled to the supply of unrelied upon documents, but may request a list of such documents if required.
The main legal point established in the judgment is the balancing of the rights of the accused and the larger interest of society in accessing certified copies of documents under Rule 231 of the Crim....
The main legal point established is that the term 'Court' in Section 91 Cr.P.C. is not limited to the Court where the FIR was filed, and the power to seize documents for investigation purposes extend....
The Supreme Court reaffirmed that allegations of corruption inherently establish proceeds of crime, allowing the ED to initiate investigations under the Prevention of Money Laundering Act, despite pr....
The main legal point established in the judgment is the significance of the ECIR form, the powers of the Enforcement Directorate, and the relevance of legal provisions in allowing the prosecution to ....
The significance of the ECIR form in the trial proceedings and the requirement for conviction or acquittal under the PML Act to be based on substantive evidence, not solely on the ECIR form.
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....
Point of Law : Application was not maintainable before learned Magistrate, since Court did not have the power to direct recording of statements for it to become a record under the PMLA, the order wh....
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