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2015 (11) TMI 192 - SIKKIM HIGH COURTOffences under the Prevention of Money-Laundering Act, 2002 corresponding to Sections 420/467/ 120B of the Indian Penal Code - Held that:- Case has been registered in the Court of the Chief Judicial Magistrate, South and West at Namchi, against 11 (eleven) persons connected with the Petitioner-University in various capacities based on a charge-sheet submitted by the Sikkim Police for offences under Sections 420/467/471/ 201/120B IPC. - On a careful examination of the charge-sheet filed by the Sikkim Police in the Court of the Chief Judicial Magistrate, South & West Sikkim at Namchi and the ECIR which is being sought to be quashed, I have no hesitation to hold that this is not a case where, on a bare perusal of the ECIR, no offence has been made out. To the contrary, from what have been alluded to earlier, prima facie there are sufficient materials to constitute offences under the PMLA. Undeniably the persons named were associated with the Petitioner-University in various capacities and concededly the charges against them in the criminal trial fall within the 'scheduled offences' under the PMLA. Thus, reference to the case of State of Haryana and Others vs. Ch. Bhajan Lal and Others : AIR 1992 SC 604, exhorting this Court to exercise its powers under Section 482 Cr.P.C. to quash the ECIR and the cognate action of attachment under Sub-Section (1) of Section 5 of the PMLA, in my considered opinion, is mis-directed and unsustainable. - there is also an effective alternative remedy provided under Section 8 of the PMLA followed by the provision of appeal under Section 26 thereof. - No reason to interfere with the proceedings instituted by the Respondents - Decided against the appellant.
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