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Issues: Whether a criminal original petition under Section 482 of the Code of Criminal Procedure, 1973 is maintainable for quashing an ECIR registered by the Enforcement Directorate.
Analysis: The inherent powers preserved by Section 482 are available to give effect to orders under the Code, to prevent abuse of the process of a court, or to secure the ends of justice in relation to proceedings before a criminal court. An ECIR is not an FIR registered under the Code, but an administrative form used by the Enforcement Directorate to commence investigation under the Prevention of Money Laundering Act, 2002. As the ECIR is not a proceeding under the Code and is not a matter pending before a criminal court, it does not fall within the field of judicial review under Section 482. The earlier decisions cited did not decide the maintainability issue and were therefore not relied upon.
Conclusion: The petition under Section 482 of the Code of Criminal Procedure, 1973 is not maintainable for quashing the ECIR.