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2022 (2) TMI 620 - HC - Money LaunderingMoney Laundering - Maintainability of petition - invocation of inherent jurisdiction of this Court - abuse of official position by not taking proper care and precaution in verifying the entries and bills - offences or not - HELD THAT:- The Orissa High Court in SMT. JANATA JHA AND ANOTHER VERSUS ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA AND ANOTHER. [2013 (12) TMI 1588 - ORISSA HIGH COURT] has not held that the petitioner under Section 482 Cr.P.C. is not maintainable as the petitioners of that petition have not availed the remedy of revision, rather it has been observed that for quashing the proceeding initiated under the Act, 2002 the High Court may examine as to whether the inherent powers are to be invoked or not - the inherent jurisdiction of this Court enshrined under Section 482 Cr.P.C. may be invoked and, therefore, the present petition is maintainable. As per provision of Section 44 (1) of PMLA Act, further investigation is permissible but that may be conducted to bring any 'further evidence', oral or documentary, against any accused person involved in respect of offence, for which, the complaint has already been filed, whether he is named in the original complaint or not - So as to examine the authenticity or legality of the impugned Supplementary Prosecution Complaint in the instant case, this Court has to examine as to whether the Supplementary Prosecution Complaint has been filed on the basis of any 'further evidence' . On the basis of material available on record, the prosecution has not considered any 'further evidence', rather the statements of various persons, which have been recorded under Section 50 of the Act, 2002 prior to the date when the first complaint was filed on 30.06.2018, have been considered. The question as to whether the allegation of abuse of official position by not taking proper care and precaution in verifying the entries and bills would be treated as an offence under the Act, 2002, may be considered after exchange of affidavits - the impugned Supplementary Prosecution Complaint against the petitioner alleges the same allegation as has been levelled by the C.B.I. At running page 133 of the petition, the conclusion of investigation by the ED has been indicated verbatim the same allegation with the same language has been levelled which has been levelled by the C.B.I. Since the impugned Supplementary Prosecution Complaint was filed before the learned trial court of ED, therefore, before taking cognizance on the aforesaid Supplementary Prosecution Complaint the provisions of Section 44 (1) (ii) of the Act, 2002 should have been considered. The learned trial court must ask from the prosecution as to what 'further evidence', oral or documentary has been collected after filing the first prosecution complaint to prosecute the petitioner in the present case inasmuch as the further investigation may only be conducted to bring any 'further evidence', oral or documentary, against the accused person - In the present case, the learned trial court of ED vide the impugned order dated 11.08.2021 (Annexure No.6) has taken cognizance against of the second Supplementary Prosecution Complaint and issued summon against the petitioner without adverting to the relevant factual and legal aspects. List this petition in the week commencing 29.11.2021 as fresh.
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