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S. M. SUBRAMANIAM, V. SIVAGNANAM
T. R. Paarivendhar – Appellant
Versus
Deputy Director, Directorate of Enforcement, Government of India, Shasthri Bhavan, Chennai – Respondent
ORDER :
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The Writ Petition on hand has been instituted to forbear the respondents from any way summoning or investigating the petitioner and his family member on account of the case against one Madhan and others in F.I.R. Crime No.143 of 2016 under the provision of Prevention of Money Laundering Act (PMLA) as the FIR in Crime No.143 of 2016 has been quashed as far as the petitioner herein is concerned, which has also become final which completely oust the jurisdiction of the respondents from invoking any provision of PMLA against the petitioner.
2. Mr.B.Kumar, learned Senior Counsel appearing on behalf of the petitioner would mainly contend that the scheduled offence has been quashed in respect of the petitioner herein. The petitioner filed Special Leave Petition (Crl.) No.7295 of 2017 challenging the final judgment and order dated 06.09.2017 in Crl.O.P.No.3154 of 2017 passed by the High Court of Madras. The Hon'ble Supreme Court passed final orders on 22.09.2017 as follows:-
The quashing of an FIR does not preclude ongoing investigations under the Prevention of Money Laundering Act, as statutory powers of authorities remain intact.
(1) Money laundering – Law does not mandate taking of prior permission from Magistrate for carrying out further investigation, even after filing of charge-sheet.(2) Mere issuance of summons to accuse....
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....
Compliance with summons under PMLA is mandatory unless issued by an incompetent authority or with allegations of malafides; courts should not interfere at the summons stage.
Money Laundering – Issuance of summons – PMLA is a self-contained Code and dispensations envisaged thereunder, must prevail – At the stage of issue of summons, the person cannot claim protection unde....
Prosecution under the Prevention of Money Laundering Act, 2002 is not sustainable without a registered scheduled offence, as established by the Supreme Court in Vijay Madanlal Choudhary.
A writ petition challenging a summons issued under the Prevention of Money-Laundering Act is premature and not maintainable, as such inquiry does not require a prior formal criminal report, and tax s....
(1) There is a statutory right of police to investigate cognizable crime without requiring any authority from judicial authority – Functions of judiciary and police are complementary, not overlapping....
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