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2021 (11) TMI 247 - JHARKHAND HIGH COURTMoney Laundering - violation of undertaking of captive mining for the grant of Mining Lease - violation of environmental laws - section 3 read with section 70 which is punishable under section 4 of the Act of 2002 - territorial jurisdiction - petition filed at Patna - jurisdiction of State of Bihar for the said complaint - HELD THAT:- It is an admitted fact that C.B.I case was filed in the year 2016 in which the charge-sheet has not been submitted as yet the authority concerned had filed petition at Patna wherein the Hon'ble Patna High Court has held that the State of Bihar has got no jurisdiction for the said complaint and directed to return the complaint copy to the complainant and thereafter the case in hand has been filed at Ranchi. There is no doubt that the petitioner's lease is being governed under the Act of 1957. The provisions placed by Mr. Luthra, the learned counsel appearing on behalf of the petitioner under the said Act are statutory in nature and action under that Act is open to be taken by the authority prescribed under that Act. The application of special law and the Indian Penal Code are well settled as has been argued by the learned counsel appearing on behalf of the petitioner. But, it must be in the facts and circumstances of each case. Section 2(1)(y) of the Act of 2002 defined the scheduled offences under the Act in Part-A and Part-B and in the schedule section 120B and section 420 are provided. Thus, it cannot be said that cheating is not prescribed under the scheduled of section 2(1)(y) of the Act. It is an admitted fact that the C.B.I has registered the case under section 120B and 420 of the IPC - In view of own admission of the officers of the company about the export, at this stage, it cannot be held that the petitioner was not exported the iron ore. Moreover, when undertaking to that effect has been submitted by the petitioner that iron ore will be used for own industry only. Explanation to section 3 of P.M.L.A Act which has been added later on stated that process or activity connected with proceeds of crime continues till such time a person is directly or indirectly enjoying the proceeds of the crime, accordingly the entire process/activity connected to the proceeds of crime is a continuing offence - In the case in hand, it cannot be said that at this stage, in absence of trial where the facts are hazy when initial action itself was not in consonance with law. Moreover, it is crystal clear that the object of exercise of power under Section 482 Cr.P.C. is to prevent abuse of process of Court and to secure ends of justice. The exercise of extraordinary jurisdiction is an exception, but not a rule of law. There is no straitjacket formula nor defined parameters to enable a Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The Court requires to be very cautious while exercising jurisdiction under Section 482 Cr.P.C. The expression 'cognizance' has not been defined in the Code. Cognizance merely means 'become aware of' and when used with reference to Court or a Judge, it cannot 'to take notice of judicially'. The Court is not required to make a roving enquiry, and discuss the evidences for coming to a conclusion that no prima-facie case is made out, at this stage, which is against the mandate of law - application disposed off.
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