Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
K. Badri Narayan Patro – Appellant
Versus
Tapamoy Bhattacharjee – Respondent
| Table of Content |
|---|
| 1. legal background of the case (Para 1 , 2) |
| 2. arguments presented by the petitioners (Para 3 , 4) |
| 3. court's analysis on discharge application (Para 5 , 6 , 7 , 8 , 9) |
| 4. interpretation of section 197 cr.p.c. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. need for trial based on evidence (Para 16) |
| 6. final decision and dismissal of the case (Para 17 , 18) |
Judgment
Chittaranjan Dash, J.
1. The legality, propriety, and correctness of the order dated 02.09.2023 passed by the learned Addl. Sessions Judge-cum- Special Judge, C.B.I.-I, Bhubaneswar in Crl. Misc. (PMLA) Case No.06 of 2015, has been called in question in this revision. The Petitioners herein are Sri K. Badri Narayan Patro and Smt. Puspanjali Patro.
2. The background facts of the case, in brief, are that the Inspector of Police, Vigilance, lodged a written report alleging that the Petitioner, namely Sri K. Badri Narayan Patro, Ex-Executive Engineer, R.W. Division, No.1, Ganjam, Berhampur, while serving as a public servant in different capacity during the check period from 01.01.2000 to 29.05.2009 and finally posted as Executive Engineer, had accumulated assets to the tune of Rs.1,09,81,686/-. Pursuant thereto, an investigati
The PMLA's application is concerned with the ongoing nature of financial misconduct, allowing proceedings even for actions predating its enforcement, where evidence showcases potential 'proceeds of c....
Discharge denied in PMLA case as scheduled offences pending via protest petitions/remand; prima facie case from money trail suffices at discharge without mini-trial; beneficial ownership extends liab....
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.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
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 ....
The court affirmed that under the PMLA, indirect involvement in money laundering suffices for prosecution, and the burden of proof rests on the accused to prove their innocence.
The offence of money laundering under the PMLA is a continuing offence, applicable irrespective of when the predicate offence occurred, and requires thorough judicial scrutiny.
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
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....
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
