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2022 (1) TMI 1428 - HC - Money LaunderingMaintainability of petition under Section 482 Cr.P.C. - Money Laundering - scheduled offence - scope of judicial review - registration of an ECIR by the officers of the Enforcement Directorate - HELD THAT:- The registration of an ECIR is an administrative act that is done by the officers of the Enforcement Directorate, for initiation of an investigation under the PML Act, which is a special statute and therefore, the same cannot be quashed, in exercise of the powers under Section 482 Cr.P.C., because, the registration of the ECIR is not under the Code. The scope of Section 482 Cr.P.C. has been succinctly laid down by a Division Bench of this Court in K. RAJAMANICKAM AND ORS. VERSUS STATE OF TAMIL NADU AND ORS. [1991 (1) TMI 466 - MADRAS HIGH COURT] which says that The first part or the first clause, understood as above, conveys that the inherent power of the High Court can come into play when it is necessary to give effect to any order under the Code, if there is no express bar and if there is no other provision of the Act to ensure the implementation of the order. The second part or the clause will be available if in any proceeding of a Court, whether the High Court or a Court subordinate to it, any abuse of process is found or otherwise it is felt that to secure the ends of justice certain order of the High Court is necessary; it may act thus to prevent the abuse of process of any Court or otherwise to secure the ends of justice. Thus, viewed from any angle, the registration of an ECIR by the officers of the Enforcement Directorate, cannot be a subject matter of judicial review under Section 482 Cr.P.C. The objection raised by the Registry is upheld and this petition stands dismissed as not maintainable at the SR stage itself.
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