Order

13/10/2025

1. By way of filing this petition, a challenge has been led to the impugned order dated 21.03.2024 passed by the Special Judge, PMLA and CBI Cases No.3, Jaipur Metro-I in criminal complaint case No.5/2024 by which cognizance has been taken against the petitioner under Section 3/4 of the Prevention of Money Laundering Act, 2002 (for short, “the Act of 2002”).

2. Learned counsel for the petitioner submits that the petitioner is a public servant and after filing of the charge-sheet against him, cognizance has been taken for the above stated offences without taking prosecution sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”).

3. Learned counsel for the petitioner submits that in absence of sanction to prosecute the petitioner neither the charge-sheet can be filed nor the cognizance can be taken.

4. In support of his contention, counsel for the petitioner has placed reliance upon the judgment passed by the Hon’ble Apex Court in the cases of Enforcement Directorate Vs. Bhibhu Prasad Acharya reported in (2025) 1 SCC 404, Anil Tuteja Vs. Enforcement Directorate in Criminal Revision Petition No.246/2025 decided by High Court of C