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2023 (3) TMI 645 - HC - Money LaunderingMoney Laundering - no scheduled offence - whether registration of a scheduled offence is a condition precedent for initiating ED proceeding? - HELD THAT:- Admittedly, the respondent No.1 – ED had registered the ECIR in question, pursuant to the registration of an FIR i.e. scheduled offence/predicate offence, which predicate offence now stands closed. This Court in the case of State of Maharashtra v/s Bhimrao Vithal Jadhav, [[1974 (9) TMI 137 - BOMBAY HIGH COURT]] had observed that granting of ‘C’ Summary amounts to an acquittal. Similarly, in Vijay Madanlal Choudhary [[2022 (7) TMI 1316 - SUPREME COURT]], the Apex Court had observed that if a person is discharged or acquitted of a scheduled offence by a competent Court, there can be no offence of money laundering against him. Admittedly there is no scheduled offence as against the petitioner in both the petitions, in view of the closure report filed by the police, which was accepted by the Courts. There being no predicate offence i.e. scheduled offence, the impugned ECIR registered by the respondent No.1 – ED will not survive and as such the said ECIR will have to be quashed and set aside. Petition allowed.
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