TaxTMI 
TaxTMI 
2023 (4) TMI 666
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....etition. The said protest petition was filed since the police having investigated the case after receiving complaint and filed final report stating that the case was civil in nature. The ED started investigation by proceeding vide ECIR/HYZO/34/2021 on the basis of crime registered by Jubilee Hills police which was concluded by the police as civil in nature. 3. Briefly, the facts of the case are that the Jubilee Hills Welfare Society Limited represented by its Secretary B.Ravinderanath filed complaint on 25.02.2021 addressed to the Station House Officer, Jubilee Hills Police Station. It was stated in the complaint that the members of the Jubilee Hills Cooperative House Building Society Limited intend to bring to the notice of the police reg....
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....lot was allotted. The said complaint was signed on behalf of Jubilee Hills Society and signed by B.Ravindranath, Secretary and registered on 24.04.2021 and after investigation, the Police filed Final Report under Section 173 of Cr.P.C stating that the dispute/transaction is civil in nature. 6. Aggrieved by the police investigation referring the case as civil in nature, protest petition was filed before the XVII Additional Chief Metropolitan Magistrate vide Crl.M.P.No.553 of 2021. The learned Magistrate examined two witnesses namely B.Ravindranath (S.W.1, Secretary of Jubilee Hills Welfare Society) and K.Nagendra Prasad (S.W.2, who is member in Jubilee Hills Cooperative House Building Society). Briefly, both the witnesses stated that the ac....
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....not arise in view of the judgment of Hon'ble Supreme Court in the case of Vijay Madanlal Choudhary v. Union of India 2022 SCC OnLine SC 929, and followed subsequently in the case of Parvathi Kollur v. State by Directorate of Enforcement in Criminal Appeal No.1254 of 2022 arising out of SLP (Crl.)4258 of 2021, dated 16.08.2022. The three Judge Bench of Hon'ble Supreme Court in Vijay Madanlal's case held as follows: "467. Conclusion: (i)..(ii)..(iii)..(iv)...(v)(a)..(b)..(c).. (d) The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the offence of mo....
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....ication of judicious mind. Time and again, this Court and the Hon'ble Supreme Court has found that summoning a person as accused to face criminal trial is a serious step taken by the criminal Court and such summoning can only be done when the Magistrate finds on the basis of facts that the ingredients of the offence alleged are prima facie made out. For the said reason, cognizance order bereft of proper reasoning is liable to be set aside and accordingly set aside." 9. The order taking cognizance by the Magistrate was set aside and it cannot be said that proceedings are pending against other accused. However since the petitions were preferred by accused 1 to 3 and 9, the concluding portion was accordingly spelt out. 10. In view of the....