2024 (5) TMI 1346

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.... Mr. Arkaj Kumar, Adv. ORDER PER 1. The issue that arises for consideration in this case is whether the petitioner is entitled to be released on regular bail in Crime No. ECIR/RPZO/09/2022 dated 29.09.2022, registered at the Directorate of Enforcement, Zonal Office, Raipur, Chhattisgarh for the offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (in short, 'PMLA'). 2. The relevant facts are briefly noticed. FIR No. 129/2022 was registered on 12.07.2022 at Police Station Kadugodi, Whitefield, Bengaluru, Karnataka, under Sections 186, 204, 353 read with Section 120B of the Indian Penal Code, 1860 (in short, 'IPC'), against one Suryakant Tiwari and his associates. The said FIR was registered on a compl....

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.... pertinent to note that in the chargesheet dated 08.06.2023, the Karnataka Police made the following remarks: "Prayer: 1) Accused is in judicial custody in ED (Enforcement Directorate) case, so accused is not arrested. 2) Since it has found that accused has committed offence under Section 384 IPC along with his associates in Chhattisgarh State, so report will be submitted in collective way to Chhattisgarh Police for action and has been dropped from charge sheet due to lack of evidence under Section 120 IPC as allegations were not proven. Section 186 IPC has been dropped from charge sheet as per Section 195a(1) CPRC." (emphasis applied) 7. The Chief Judicial Magistrate, Rural Court, Bengaluru perused the above-mentioned charge-sheet a....