Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
The HC dismissed the petition seeking quashing of an ECIR registered under Sections 3 and 4 of PMLA related to extortion alleged as proceeds of crime. The Court held that offenses under the scheduled crime and PMLA are independent, and pre-trial quashing based on similarities between MCOCA and PMLA provisions is unwarranted. Subjective claims by the petitioner regarding coercion and ignorance require trial adjudication and cannot be accepted as conclusive at this stage. The Court emphasized that the criminal justice process's filtration mechanism must operate, and premature interference would be inappropriate. Consequently, the petition to quash the ECIR and supplementary complaint was rejected.
The HC dismissed the petition seeking quashing of an ECIR registered under Sections 3 and 4 of PMLA related to extortion alleged as proceeds of crime. The Court held that offenses under the scheduled crime and PMLA are independent, and pre-trial quashing based on similarities between MCOCA and PMLA provisions is unwarranted. Subjective claims by the petitioner regarding coercion and ignorance require trial adjudication and cannot be accepted as conclusive at this stage. The Court emphasized that the criminal justice process's filtration mechanism must operate, and premature interference would be inappropriate. Consequently, the petition to quash the ECIR and supplementary complaint was rejected.
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