2023 (1) TMI 1410

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....UNNIKRISHNAN M., CENTRAL GOVERNMENT STANDING COUNSEL ORDER The petitioners have challenged an order dated 19.02.2021 passed by the XLVII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru, in Spl.C.C. No. 159/2015, by which an application filed by them under Section 190 read with Section 245(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.&....

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....ction 245(2) of the Cr.P.C. contending that the accused No. 2/petitioner No. 2 was not accused in the predicate offence and the instant prosecution under the provisions of the PML Act was only on the basis of a chargesheet filed against accused No. 1 in the predicate offence. It was contended that under Section 3 of the PML Act, the accused No. 1/petitioner No. 1 must be in possession of proceeds ....

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....os. 1 and 2/ petitioners submitted that in view of the Judgment rendered by Hon'ble Apex Court in Vijay Madanlal Choudhary and others v. Union of India and others [2022 SCC Online SC 929], if the accused were acquitted in the scheduled offences, that should result in termination of the chargesheet filed for the predicate offences under the provisions of the PML Act. The learned counsel submitt....