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Related-party creditor exclusion bars CoC participation where lender rights show policy-making involvement, and post-CIRP assignment cannot cure ineli...
Enforcement Directorate information under the Prevention of Money Laundering Act that itself discloses cognizable corruption offences, supported by statements and documents, requires FIR registration; police cannot conduct a further preliminary enquiry unless the information lacks material revealing an offence. A citizen whistle-blower whose complaints are effectively rejected may challenge failure to perform that statutory duty. A State Police Chief cannot constitute a Special Investigation Team without a Government decision where statutory power to create special units lies with Government. Earlier rejection of private complaints on insufficient material does not preclude an FIR where later statutory-investigation information rests on distinct, additional evidentiary material. The enquiry order and team were set aside, with FIR registration and lawful investigation directed.
Enforcement Directorate information under the Prevention of Money Laundering Act that itself discloses cognizable corruption offences, supported by statements and documents, requires FIR registration; police cannot conduct a further preliminary enquiry unless the information lacks material revealing an offence. A citizen whistle-blower whose complaints are effectively rejected may challenge failure to perform that statutory duty. A State Police Chief cannot constitute a Special Investigation Team without a Government decision where statutory power to create special units lies with Government. Earlier rejection of private complaints on insufficient material does not preclude an FIR where later statutory-investigation information rests on distinct, additional evidentiary material. The enquiry order and team were set aside, with FIR registration and lawful investigation directed.
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