TaxTMI 
TaxTMI 
2013 (8) TMI 1025
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.... Directorate and the Special Cell of the Economic Offences Wing to complete the investigation in the aforesaid case in a time-bound manner within such period as may be deemed just and proper. The limited issue before this Court for the present is as to whether the Enforcement Directorate is required to file the Final Form before the designated Court or not. But before deciding the issue raised in this writ application, it is necessary to refer to the brief history of the case. The petitioner Shiv Kant Tripathi lodged an F.I.R. at P.S. Babu Purwa, District Kanpur Nagar, alleging commission of certain scheduled offences, certain offences under the Prevention of Corruption Act, 1988 as well as commission of offences under Sections 3 & 4 of the Money-Laundering Act. The said F.I.R. was lodged on 15.10.2009 and was registered as Crime Case No. 458 of 2009 in the said police station. The allegations in the F.I.R. related to the period when the respondent no. 7, Amar Singh was Chairman of the Uttar Pradesh Development Council in the the year 2003. The substance of the allegations is that Amar Singh while holding the office of the Chairman of the Uttar Pradesh Development Council, misuse....
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....ell capable of carrying out thorough probe. It is therefore directed that the entire papers relating to this matter shall be entrusted to the Enforcement Directorate within 2 weeks and immediately after receipt of the papers the Enforcement Director shall commence investigation. The First Status report shall be submitted by the Enforcement Directorate within one month after receipt of papers." An application for modification of the above order was filed on behalf of the Enforcement Directorate. When the case was taken up on 30th September, 2011, the Division Bench directed the Enforcement Directorate to continue investigation with Money-Laundering matter only and the case was adjourned. The learned counsel appearing for the Enforcement Directorate was also directed to inform the Court about the progress of the investigation. Thereafter the case suffered some adjournments and ultimately came up before the larger Bench on 12.09.2012. It appears that so far as the scheduled offences are concerned, the State police was permitted to investigate it whereas the offences alleged under the Money-Laundering Act were investigated by the Enforcement Directorate. At the time of hearing of this....
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....report, and issue of process or a direction of further investigation and a consequent charge-sheet, the investigation of the Directorate will assume relevance. So far as the investigation conducted by the Enforcement Directorate is concerned, it was specifically submitted on behalf of the Enforcement Directorate that there being no provision under the Money-Laundering Act for submission of Final Form, in case where the materials collected during the investigation do not constitute or are not sufficient to prove an offence under the Money-Laundering Act, the file is to be closed after investigation and no report is required to be filed in any Court. The Court, not being satisfied by such stand taken by the Directorate, requested the learned counsel to address on the question. Long arguments were advanced by the learned senior counsel appearing for all the parties on this issue but we need not refer to all those arguments as the answer can be found in the relevant statute. It was contended on behalf of the Enforcement Directorate that there is no provision in the Money-Laundering Act for filing of a Final Form when after investigation no material is found against an accused for sub....
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.... of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places or seizure of things considered necessary for the investigation and to be produced at the trial, and (5) Formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under Section 173." Similar view has also been expressed by the learned Single Judge of Orissa High Court in the case of Smt. Sabita Praharaj vs. Smt. Gitarani Praharaj and others reported in (2004 Crl. L.J. 3975). Section 173 of the Code makes it obligatory on the part of the Officer in charge to submit the report of completion of investigation before the concerned Court. Section 173 (2) of the Code provides that as soon as the investigation is completed, the Officer in charge of the police station, shall file a report in the form prescribed by the State Government giving certain information as indicated in the said provision including nature of the information and as to whether any offence appears to have been committed....