TaxTMI 
TaxTMI 
2019 (11) TMI 253
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....Special Judge (P.C.Act) CBI-10, Rouse Avenue Courts, New Delhi in case CC 72/2019 tiled as "Raman Sharma and Anr. vs. Director, Directorate of Enforcement and Anr." 4. The petitioner herein filed the criminal complaint for the continuing organised offences codified inter-alia under the Indian Penal Code 1860, the Prevention of Corruption Act, 1988 and the Prevention of Money Laundering Act, 2002 against the allottee of 43 Acres of Institutional land in Sector 38 Gurugram, subscribers (of shares, bonds, security/collateral, pledge, rights issues) of Global Health Pvt. Ltd (herein called GHP, the reporting entity with privity of contract with Haryana Urban Development Authority/ HUDA), ultimate beneficiaries of Dr. Naresh Trehan and Associ....
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.... Medicity Project, causing pecuniary advantage to accused nos. 1, 2, 3 and 4. The accused no. 5 abused his position by criminal misconduct and influence and allotted the entire site of Medi City to accused no.l without any consideration of financial capability of accused no.l, without re-advertisement and calling for new applications regarding changed terms and offers as made available to accused no. 1, without sanction of the High Court for such a revised scheme, without auctioning the land put to pure commercial use by accused nos. 1, 2, 3 and 4 causing the contract between the accused no. l and HUDA to be void in law and thus committed offences under Indian Penal Code, Prevention of Corruption Act and Prevention of Money Laundering Act. ....
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....t for a term which shall not be less than three years but which may extend to seven years shall also be liable to fine [***] Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words " which may extend to ten years" had been substituted. 44. Offences triable by Special Courts.- (l) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of1974)- [(a) an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the Special Court ....
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.... an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reckon grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of sixteen years or is a woman or is sick or infirm [or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees], may be released on bail, if the special court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by- (i) t....
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.... registration of case for a scheduled offence. ECIR is the information recorded by the Enforcement Directorate regarding the registration of predicate offences and is basis for initiating their investigation. 11. It is also not in dispute that no FIR has been registered regarding schedule offence till date. Therefore, it is clear that Enforcement Directorate cannot conduct investigation in the present case in the absence of registration of FIR regarding schedule offences. 12. The Prevention of Money Laundering Act has no provision akin to Section 156 (3) Cr. PC for issuing direction to ED to register ECIR or FIR. So far as applicability of Section 156 (3) Cr. PC is concerned, it is relevant to reproduce the observation of Hon'ble ....
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....hat issue. We, therefore, reiterate that the magisterial power cannot be stretched under the said sub-section beyond directing the officer in charge of a police station to conduct the investigation." 13. Accordingly, in the aforesaid judgment of the Hon'ble Supreme Court, it was observed that under Section 156 (3) Cr.P.C., Magistrate can direct the Officer Incharge of the Police Station to register FIR, however, the scope of Section 156(3) Cr.P.C. cannot be stretched further to direct any other agency or to the officials higher than Officer Incharge of Police Station, to lodge FIR. The Hon'ble Supreme Court has further made it clear that Special Court cannot direct CBI to register FIR. 14. Accordingly, learned Trial Court opined on th....