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2022 (9) TMI 1478 - MADRAS HIGH COURTMoney Laundering - scheduled offence - illicit money or not - inclusion of Sections 467, 468 and 471 of IPC subsequently in the FIR, can be a cause of action for the Enforcement Directorate to maintain the complaint or not - HELD THAT:- It may be relevant to state that the an officer of the Enforcement Directorate is not a police officer within the meaning of Section 25 of The Evidence Act. As observed by the Supreme Court in a catena of decisions including Ramesh Chandra Mehta vs State of West Bengal [1968 (10) TMI 50 - SUPREME COURT], a person becomes an accused in an economic offence investigated by non-police officials so as to avail of the protection under Article 22(1) of the Constitution of India only when there is a formal accusation laid against him. In this case, the Enforcement Directorate registered the case on 19.03.2012 and Nagarajan (A1) was only considered as a suspect. No formal accusation was laid against him as the enquiry had only then begun. Applicability of Section 420 IPC, in the absence of any person complaining that he was cheated - HELD THAT:- On a scrutiny of the facts alleged in the police case, it is seen that this group appears to have printed the lottery tickets of other States and sold to public in Tamil Nadu. Are not the ingredients of cheating and dishonestly inducing delivery of property inbuilt in this allegation? True, that those who had purchased the lottery tickets from this group have not been identified by the police. But, that cannot be a reason to hold that there is no material in the police case to prosecute the offenders under Section 420 IPC. The impugned complaint is bereft of prima facie materials for quashing the same - this Criminal Original Petition is dismissed.
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