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2025 Supreme(Online)(Del) 48698

Lakshay Vij v. ED


O R D E R

1. The present Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) assails the impugned order dated 04.01.2025 passed by the Ld. ASJ, Central, Rouse Avenue Courts, Delhi in Ct. Case No. 25/2024 titled “Directorate of Enforcement vs. Lakshay Vij & Ors.” arising out of ECIR No. DLZO-I/50/2023 under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (“PMLA”).

2. Pursuant to the filing of the Prosecution Complaint dated 19.09.2024, the Petitioner had moved an Application seeking a pre-cognizance hearing in terms of the proviso to Section 223 BNSS, which was rejected by the Ld.

Trial Court. It is submitted that the said order fails to appreciate the applicability of Section 223 BNSS to prosecution complaints under the PMLA, thereby constraining the Petitioner to seek quashing of the same before this Court.

3. Mr. Vikas Pahwa, learned senior counsel for the petitioner submitted that, in terms of the Ministry of Home Affairs notification dated 23.02.2024, the BNSS came into force on 01.07.2024, and since the Prosecution Complaint in the present case was filed on 19.09.2024, cognizance thereof must be governed by BNSS provisions rather th

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