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TMI Blog2019 (11) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... rts, New Delhi in case CC 72/2019 tiled as "Raman Sharma and Anr. vs. Director, Directorate of Enforcement and Anr." 4. The petitioner herein filed the criminal complaint for the continuing organised offences codified inter-alia under the Indian Penal Code 1860, the Prevention of Corruption Act, 1988 and the Prevention of Money Laundering Act, 2002 against the allottee of 43 Acres of Institutional land in Sector 38 Gurugram, subscribers (of shares, bonds, security/collateral, pledge, rights issues) of Global Health Pvt. Ltd (herein called GHP, the reporting entity with privity of contract with Haryana Urban Development Authority/ HUDA), ultimate beneficiaries of Dr. Naresh Trehan and Associates Health Services Private Limited (herein calle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 ..... re the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words " which may extend to ten years" had been substituted. 44. Offences triable by Special Courts.- (l) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of1974)- [(a) an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the Special Court constituted for the area in which the offence has been committed: Provided that the Special Court, trying a scheduled offence before the commencement of this Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of sixteen years or is a woman or is sick or infirm [or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees], may be released on bail, if the special court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any officer of the Central Government or State Government authorised in writing in this behalf by the Government by a general or a special order made in this behalf by that Government. (lA) Notwithstanding an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that under Section 156 (3) Cr.P.C., Magistrate can direct the Officer Incharge of the Police Station to register FIR, however, the scope of Section 156(3) Cr.P.C. cannot be stretched further to direct any other agency or to the officials higher than Officer Incharge of Police Station, to lodge FIR. The Hon'ble Supreme Court has further made it clear that Special Court cannot direct CBI to register FIR. 14. Accordingly, 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. 15. The second question before the learned Trial Court was that whether the Trial Court can entertain complaint filed by private party for the offence committe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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