TMI Blog2024 (4) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... ept at the same pedestal as an FIR. It is crucial to note that an ECIR is not registered under the Cr.P.C., unlike a First Information Report (FIR), which is mandatorily registered under Section 154 of the Cr.P.C., and subsequently forwarded to the Illaqa Magistrate as per the provisions of Section 157 of the Cr.P.C.. Additionally, there exists no legal obligation to provide a copy of the ECIR to an accused, and the absence of such provision does not in any manner impinge upon any constitutional or statutory rights of a person. Thus, an ECIR is an administrative document prepared by the officers of the ED. It precedes the commencement of the prosecution against individuals involved in the offence of money laundering, which in turn is govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner: 2A. Scheduled offences as the basis of ECIR:- (i) That the impugned ECIR (Annexure P-2) lists the scheduled offences as Section 121-A and Section 120-B IPC, stemming from FIR No.345 dated 27.08.2017 (Annexure P-3) under Sections 120-B, 121-A, 145, 150, 151, 152, 153, 146, 121, 216 of the IPC registered at Police Station Sector 5, Panchkula, where the petitioner had also been implicated. 2B. Discharge in scheduled offences by trial Court:- (i) That notably, the learned trial Court, Panchkula, vide its order dated 02.11.2019 (Annexure P-4), discharged the petitioner of the offences under Sections 121 and 121-A IPC. Therefore, given the discharge of the petitioner of the predicate offence, the continuance of proceedings under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions on maintainability of the petition: (i). That the instant petition under Section 482 of the Cr.P.C. seeking the quashing of ECIR is not tenable, as it is an internal administrative document of the ED. It cannot be kept at par with an FIR, much less equated with it. Consequently, the provisions of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) are not applicable to the ECIR. In such circumstances, this Court cannot exercise its inherent jurisdiction under Section 482 of the Cr.P.C. to quash the ECIR. The appropriate remedy available to the petitioner would be to invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India. In support, learned counsel has placed reliance upon Vijay Madanl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition. The primary question which has arisen for the consideration is whether the ECIR can be quashed in the exercise of its inherent jurisdiction under Section 482 Cr.P.C. by this Court. This necessitates an inquiry into the nature, scope and import of an ECIR. In this regard, it would be most relevant to reproduce the following observations made by Hon ble the Supreme Court in Vijay Madanlal Choudhary s case (supra). 457. Suffice it to observe that being a special legislation providing for special mechanism regarding inquiry/investigation of offence of money-laundering, analogy cannot be drawn from the provisions of 1973 Code, in regard to registration of offence of money-laundering and more so being a complaint procedure prescribed und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing prescribed procedure in that regard. 459. ..Suffice it to observe that ECIR cannot be equated with an FIR which is mandatorily required to be recorded and supplied to the accused as per the provisions of 1973 Code. Revealing a copy of an ECIR, if made mandatory, may defeat the purpose sought to be achieved by the 2002 Act including frustrating the attachment of property (proceeds of crime). Non-supply of ECIR, which is essentially an internal document of ED, cannot be cited as violation of constitutional right .. On a minute perusal of the above reproduced observations of Hon ble the Supreme Court, it can be safely culled that an ECIR cannot be kept at the same pedestal as an FIR. It is crucial to note that an ECIR is not registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, however, it cannot be over-emphasized that the powers of this Court are not unbridled and can be exercised under Section 482 Cr.P.C. only to give effect to any order under the Cr.P.C.; or to prevent abuse of the process of any Court; or to secure the ends of justice in relation to a criminal proceeding. Since the ECIR is not a statutory document under the Cr.P.C. and thus, cannot be equated to initiation of any criminal proceeding, aforementioned argument advanced by the learned senior counsel cannot be accepted as it would result in this Court exceeding its jurisdiction under Section 482 Cr.P.C. 9. As a sequel to the above discussion, without delving into the merits of the case, the present petition fails on grounds of maintainability i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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