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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Biranchi Narayan Mishra – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background facts regarding the complaint under pmla (Para 2 , 3) |
| 2. arguments regarding the cognizance under pmla (Para 4 , 5 , 6) |
| 3. court's analysis on the sustainability of cognizance under pmla (Para 7 , 8 , 9) |
| 4. final order dismissing the crlmcs (Para 10) |
JUDGMENT :
Chittaranjan Dash, J.
1. Heard learned counsels for both the Parties.
2. By means of this application under Section 482 of the Code of Criminal Procedure, 1973, the Petitioners calls in question the order dated 25.09.2018 passed by the learned Sessions Judge-cum-Special Court (PMLA), Khurda at Bhubaneswar in Complaint Case (PMLA) No.61 of 2018. CRLMC No.1756 of 2019 has been filed by Biranchi Narayan Mishra, while CRLMC No.1758 of 2019 has been filed by Trilochan Mishra, both seeking quashment of the aforesaid order of cognizance. Since the factual background underlying these CRLMCs stands on the same footing as that involved in CRLREV No.119 of 2023 arising out of Chhatrapur P.S. Case No.119 of 2015, the consequent G.R. Case and the prosecution initiated in Complaint Case (PMLA) No.61 of 2018, the present CRLMCs were heard analogously with the said criminal revision. While the CRLMCs are being dispose
The offence under the Prevention of Money Laundering Act is a continuing offence; quashing of cognizance against one accused does not extinguish the jurisdiction to proceed against others if the sche....
The offence of money laundering under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
The offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
Prosecution under the Prevention of Money Laundering Act requires the commission of a scheduled offence as a prerequisite; without it, no offence of money laundering can be established.
Commission of a scheduled offence is essential for establishing money laundering under the Prevention of Money Laundering Act, 2002.
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
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