TMI Blog2022 (11) TMI 1311X X X X Extracts X X X X X X X X Extracts X X X X ..... re could arise no question of they being prosecuted for illegal gain of property as a result of the criminal activity relating to the alleged scheduled offence. That being the position, there are no reason to allow the proceedings against the petitioners under PMLA to proceed further - petition allowed. - Writ Petition (Civil) No. 368 of 2021 - - - Dated:- 3-11-2022 - Dinesh Maheshwari And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India Ors.decided on 27.07.2022, wherein the consequence of failure of prosecution for the scheduled offence has been provided in the following terms;- 187. ..(d) The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on which the proceedings under the Prevention of Money-laundering Act, 2022 (PMLA) were based, have already come to an end with the petitioners having been discharged from V.G.R. Case No. 59 of 2009(T.R. Case No. 80 of 2011) by the order dated 27.11.2020, as passed by the High Court of Orissa in Criminal Revision No. 831 of 2018. Learned counsel would submit that in the given state of facts and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctivity relating to the alleged scheduled offence. That being the position, we find no reason to allow the proceedings against the petitioners under PMLA to proceed further. However, taking note of the submissions made by the learned Additional Solicitor General and in the interest of justice, we reserve the liberty for the respondents in seeking revival of these proceedings if the order dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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