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2025 Supreme(Online)(Mad) 71092

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. Ramesh, V. Lakshminarayanan, JJ
G.Ganesan – Appellant
Versus
The Deputy Director, Directorate of Enforcement, Ministry of Finance, Chennai – Respondent


Advocates:
For the Appellants/Petitioners: Dr.S.Muralidhar, Mr.M.Guruprasad, Ninni Sugan Thomas
For the Respondents: Mr.AR.L.Sundaresan, Mr.Rajnish Pathiyil

Table of Content
1. background of recruitment allegations and petitioner’s role. (Para 2 , 3 , 4 , 5 , 6 , 7)
2. arguments regarding cognizance and due process. (Para 11 , 12 , 13 , 14)
3. discussion on legal interpretations of cognizance. (Para 15 , 16 , 18 , 19 , 30)
4. examination of applicability of section 197 and pmla. (Para 39 , 46 , 67 , 68 , 70)
5. conclusion: petition dismissed. (Para 118 , 119)

O R D E R

(Order of the Court was made by V.LAKSHMINARAYANAN, J.)

This is a petition presented under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, (hereinafter referred to as ' BNSS '). This petition seeks the following prayer:

“to call for the entire records pertaining to the impugned order dated 17.03.2025 passed in C.C.No.9 of 2023 pending on the file of Principal Sessions Judge, cum Special Court constituted under the Prevention of Money Laundering Act , Chennai, pertaining to taking cognizance of the supplementary complaint in the absence of sanction under Section 197 CrPC/218 of BNSS and without affording an opportunity of being heard before taking cognizance under Section 223 (1)of the and set aside the same.”

Facts leading to the case

2.The petitioner was appointed

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