Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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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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