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Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findings
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Writ jurisdiction is limited to testing whether allegations disclose a cognizable offence; merits and evidentiary value of investigation materials are not to be gone into unless allegations on their face do not constitute a cognizable offence, disclose a purely civil dispute, or show manifest mala fide, in which case relief may follow. The definition and scope of money-laundering require prima facie involvement with proceeds of crime and extend to every mode of dealing with such proceeds; accordingly, allegations of diverted investments, preferentially priced ESOPs and related transactions can attract the offence. Petitioners' challenges to ECIR/FIR were dismissed for want of merit and abundance of incriminating material.
Writ jurisdiction is limited to testing whether allegations disclose a cognizable offence; merits and evidentiary value of investigation materials are not to be gone into unless allegations on their face do not constitute a cognizable offence, disclose a purely civil dispute, or show manifest mala fide, in which case relief may follow. The definition and scope of money-laundering require prima facie involvement with proceeds of crime and extend to every mode of dealing with such proceeds; accordingly, allegations of diverted investments, preferentially priced ESOPs and related transactions can attract the offence. Petitioners' challenges to ECIR/FIR were dismissed for want of merit and abundance of incriminating material.
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