Maintainability of complaint under Section 156(3) left open after Supreme Court clarifies earlier observations

The Court clarified that its earlier observations were not intended to decide whether a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 is maintainable at the instance of the Directorate of Enforcement. It held that no opinion had been expressed on that question, which must be decided by the competent court in accordance with law. The earlier order was modified to remove any unintended impression that maintainability had been affirmed, while leaving the aggrieved party free to pursue available remedies.

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Issues: Whether paragraph 15 of the earlier order required clarification so that it would not be construed as having held that a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 is maintainable at the instance of the Directorate of Enforcement.

Analysis: The request for review was confined to removing any unintended impression that the earlier order had authoritatively decided the maintainability of a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 at the instance of the Directorate of Enforcement. The Court clarified that the earlier observations were not intended to decide that question and that the issue of maintainability must be determined by the competent court in accordance with law. It was also made clear that no opinion had been expressed on that question and that the aggrieved party would remain free to pursue the appropriate remedy available in law.

Conclusion: The clarification sought was granted. The earlier order was modified to exclude any construction that it had held such a complaint maintainable, leaving the question open for decision by the competent court.

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