2019 (7) TMI 1101

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....019 CRL.M.A. 8514/2019 in W.P.(CRL.) 1164/2019 Exemptions allowed, subject to just exceptions. CRL.M.A. 10070/2019 in W.P.(CRL) 1164/2019 By this application, amended Memo of Parties is sought to be placed on record. Allowed. Amended Memo of Parties is taken on record. Application stands disposed off. W.P.(CRL.) 1319/2019 and CRL.M.A. 9696/2019 (for stay) W.P.(CRL.) 1164/2019 and CRL.M.A. 8513/2019 (for stay) By the instant writ petitions, the petitioners seek setting aside of the common order dated 30.03.2019 passed by the ld. Special Judge (PC Act), CBI-05, PHC, whereby, the respective applications filed by the petitioners seeking supply of deficient/illegible documents detailed there-under, came to be dismissed. ....

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....to be supplied. In continuation thereof, it is also urged that any further investigation and filing of supplementary complaint is not permissible in law. In W.P.(Crl.) 1164/2019, the petitioners plead that on the preliminary scrutiny of the documents relied upon and supplied by the respondent, the documents detailed in the application were found deficient besides few documents being not legible and therefore, the application made under Section 207 Cr.P.C. was required to be granted. 4. In the submissions of the ld. counsel for the petitioners, the deficient documents sought were the documents, which find mention in the documents furnished and thus, form integral part of the relied upon documents and in the absence thereof, the considerat....

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....hi 842 and Dinesh Puri vs. State (Govt. of Delhi) 2016 SCC OnLine Delhi 5551. 6. The impugned order has come to be passed by the ld. Special Judge (PC Act) in the proceedings initiated under a special Act i.e. PMLA. The complaint made by the Directorate of Enforcement under Section 3/4 of the PMLA Act is the foundation thereof. On the complaint so made, the offence(s) are to be tried by the Special Court as provided for under subclause (d) of sub-Section (1) of Section 44 PMLA. Provision so made under the PMLA-a special enactment, is an exception created to the procedure to be followed for trial of the offences as provided for under the Code of Criminal Procedure. In that view of the matter neither Section 207 nor Section 208 Cr.P.C. can....

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.... to frame a charge against the accused. If it fails to do so, the court will proceed on the basis that whatever document is forwarded with the charge sheet is in fact proposed to be relied upon by the prosecution. (ix) Where the accused insists that some other document apart from what is stated in the list of documents attached to a charge sheet should be taken as being proposed to be relied upon by the prosecution, and submits that this is evident from a reading of the charge sheet, the trial court will examine such submission and if it is satisfied that the charge sheet does in fact indicate that some other document is also proposed to be relied upon by the prosecution, then it can require the prosecution to furnish the accused a....