Maintainability of the instant petition against Enforcement Case ...
Enforcement Case Information Report Is Not Equivalent to FIR, Petition to Quash Dismissed Due to Lack of Maintainability.
April 23, 2024
Case Laws Money Laundering HC
Maintainability of the instant petition against Enforcement Case Information Report (ECIR) - Money Laundering - scheduled offences - predicate offence - scope and spirit of Section 482 of the Cr.P.C. - The High Court clarified that an ECIR is an internal administrative document of the ED and does not hold the same legal status as an FIR. Referring to Supreme Court observations, the High Court concluded that an ECIR cannot be equated with an FIR and does not fall under the purview of the inherent jurisdiction conferred upon the Court by Section 482 of the Cr.P.C. The petition for quashing the ECIR under Section 482 of the Cr.P.C. was dismissed on the grounds of maintainability.
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