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2020 (12) TMI 1373 - HC - Money LaunderingMoney Laundering - Locus of the petitioner-ED in a closure report filed by the State of Maharashtra before the Magistrate, in a case registered at the behest of respondent No.2-Akbar Travels (India) Pvt. Ltd. - HELD THAT:- Admittedly, the respondent No. 2-Akbar Travels (India) Pvt. Ltd. filed a private complaint as against respondent Nos. 3 to 5 in the Court of the learned Metropolitan Magistrate at Ballard Pier, Mumbai, praying therein for an order under Section 156(3) Cr.P.C. The learned Magistrate was pleased to pass an order under Section 156(3), pursuant to which, the M.R.A Marg Police Station registered an FIR being C.R. No. 66 of 2020 as against respondent Nos. 3 to 5 for the alleged offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120-B of the IPC. The said offences being scheduled offences under the PMLA, the petitioner-ED registered an ECIR as against the respondent Nos. 3 to 5 under the PMLA and proceeded with its investigation - It appears that the petitioner-ED, on being informed by the respondent No.2 about the closure report, also filed a Protest Petition before the learned Magistrate and prayed that they be heard before any order could be passed on the closure report filed by the respondent No.1-State. It is thus evident that an informant/complainant is entitled to a notice before any orders are passed on the closure report by the Magistrate, whereas, an injured or in case of death, the relative of the deceased can be heard, even without notice i.e. in cases where the police file a closure report, or a `C’ summary report in respect of a complaint. Thus, the three categories of persons whose `locus’ has been recognized are the complainant, injured persons or the relatives/heirs of the deceased. The petitioner-ED is an independent investigating agency, empowered to investigate offences under the PMLA and FEMA and in the facts, cannot be termed as a victim or aggrieved/injured/interested person, having regard to the judicial pronouncements. There is no provisions in law which supports the claim of the petitioner-ED with respect to its locus to intervene and contest the closure report filed by the respondent No.1- State. Thus, the petitioner cannot be permitted to intervene and contest in the closure report filed by the respondent No.1-State - it is clearly evident that Magistrates having no inherent powers cannot entertain applications/ petitions from any person other than a victim/complainant/injured person or relative of the deceased. The petition, being devoid of merit, is dismissed and accordingly disposed of.
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