Section 482 CrPC cannot quash an ECIR under PMLA before complaint filing; pre-complaint challenge is premature.

Section 482 CrPC is confined to criminal proceedings under the Code and cannot be used to quash an ECIR, which is only an internal administrative step under the Prevention of Money-Laundering Act. As the ECIR is not equivalent to an FIR and prosecution under the Act begins only on filing of a complaint under Section 44, judicial review at the pre-complaint stage was premature. The petition was held not maintainable and the challenge rejected.

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Issues: Whether a petition under Section 482 of the Code of Criminal Procedure, 1973 is maintainable to quash an ECIR and the consequential enquiry or investigation under the Prevention of Money-Laundering Act, 2002 before filing of a complaint under Section 44 of that Act.

Analysis: The inherent power under Section 482 of the Code of Criminal Procedure, 1973 can be exercised only in relation to criminal proceedings and only to give effect to an order under the Code, to prevent abuse of the process of a court, or to secure the ends of justice. The registration of an ECIR under the Prevention of Money-Laundering Act, 2002 is an internal administrative step by the Enforcement Directorate and is not equivalent to an FIR under Section 154 of the Code of Criminal Procedure, 1973. The special mechanism under the Prevention of Money-Laundering Act, 2002 contemplates inquiry and investigation under that statute, with prosecution commencing upon filing of a complaint under Section 44. Since the ECIR is not a criminal proceeding under the Code, and the matter had not reached the stage of complaint, judicial review under Section 482 was unavailable and the proceeding was premature.

Conclusion: The petition seeking quashing of the ECIR was held not maintainable and the challenge was rejected.

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