TMI Blog2019 (11) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... absence of registration of FIR regarding schedule offences - the learned Trial Court opined on the same analogy that the Special Court cannot pass direction under Section 156 (3) Cr.P.C. to Enforcement Directorate to register FIR. The second question before the learned Trial Court was that whether the Trial Court can entertain complaint filed by private party for the offence committed under Prevention of Money Laundering Act. On this issue, Section 44 (b) of Prevention of Money Laundering Act clearly stipulate that Special Court may upon a complaint made by an authority authorised in this behalf under this Act take cognizance of offence under section 3. Further, second proviso to Section 45, Prevention of Money Laundering Act makes it clear that the Special Court shall not take cognizance of offence under section 4 except upon a complaint in writing made by the Director; or any officer of Central Government or State Government authorised in writing in this behalf by Central Government. There is no illegality or perversity in the impugned order - Petition dismissed. - CRL.REV.P. 1033/2019 - - - Dated:- 30-10-2019 - MR. SURESH KUMAR KAIT J. Petitioners Thro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order dated 31.08.2019, ignored the aforesaid facts and dismissed the complaint being not maintainable. 7. I note, after hearing the petitioner at length, the learned trial Court observed that as per the complaints, the accused nos.l, 2, 3, 4 in connivance with accused no.5 has violated/nullified number of conditions/terms mentioned in the advertisement regarding Medicity Project, causing pecuniary advantage to accused nos. 1, 2, 3 and 4. The accused no. 5 abused his position by criminal misconduct and influence and allotted the entire site of Medi City to accused no.l without any consideration of financial capability of accused no.l, without re-advertisement and calling for new applications regarding changed terms and offers as made available to accused no. 1, without sanction of the High Court for such a revised scheme, without auctioning the land put to pure commercial use by accused nos. 1, 2, 3 and 4 causing the contract between the accused no. l and HUDA to be void in law and thus committed offences under Indian Penal Code, Prevention of Corruption Act and Prevention of Money Laundering Act. 8. In view of above, relevant sections of the Preventio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, shall continue to try such scheduled offence; or] (b) a Special Court may [***] upon a complaint made by an authority authorised in this behalf under this Act take cognizance of offence under section 3, without the accused being committed to it for trial]. [(c) if the court which has taken cognizance of the scheduled offence is other than the Special Court which has taken cognizance of the complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a complaint under this Act, commit the case relating to the scheduled offence to the Special Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage at which it is committed.] [(d) a Special Court while trying the scheduled offence or the offence of money-laundering shall hold trial in accordance with the provisions of the Code of Criminal Procedure, 1973 ( 2 of 1974), as it applies to a trial before a Court of Session.] 45. Offences to be cognizable and non bailable (l)[Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 to 1974), no perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... torate can be only after registration of case for a scheduled offence. ECIR is the information recorded by the Enforcement Directorate regarding the registration of predicate offences and is basis for initiating their investigation. 11. It is also not in dispute that no FIR has been registered regarding schedule offence till date. Therefore, it is clear that Enforcement Directorate cannot conduct investigation in the present case in the absence of registration of FIR regarding schedule offences. 12. The Prevention of Money Laundering Act has no provision akin to Section 156 (3) Cr. PC for issuing direction to ED to register ECIR or FIR. So far as applicability of Section 156 (3) Cr. PC is concerned, it is relevant to reproduce the observation of Hon'ble Supreme Court of India in the judgment CBI Vs State of Rajasthan and Another, Appeal (Crl.) 1163-66 of 1998, Appeal (Crl.) 1162 of 1998, Appeal (Crl.) 42 of 2001 . as under:- But when a magistrate orders investigation under Section 156(3). he can only direct an officer in charge of a police station to conduct such investigation and not a superior police officer, though such officer can exercise s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ognizance of offence under section 3. Further, second proviso to Section 45, Prevention of Money Laundering Act makes it clear that the Special Court shall not take cognizance of offence under section 4 except upon a complaint in writing made by the Director; or any officer of Central Government or State Government authorised in writing in this behalf by Central Government. 16. Accordingly, the learned Trial Court opined that the aforesaid two provisions make it clear that the Court cannot entertain the complaint filed by private complainant for the offence committed under Prevention of Money Laundering Act. 17. In addition to above, admittedly, the land in question is in Gurugram (Haryana). The alleged offence is stated to have been committed in Gurugram, Haryana. Accordingly, the learned Trial Court opined that the subject matter is also beyond the jurisdiction of the Court in Delhi. Accordingly, no direction can be passed even to the police as the entire subject matter or the offence alleged to have been committed is in Gurugram, Haryana. 18. Even otherwise the allegations made by complainant are vague and unspecific. Not even a single incident with su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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