2025 (5) TMI 2001

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.... Singh, Adv. Ms. Anushka Gupta, Adv. Mr. Anand Kirti, Adv. Ms. Vismaya Bansal, Adv. Ms. Geeta Bajaj, Adv. Mr. Rajesh Batra,Adv. Ms. Sonia Kukreja,Adv. Mr. Prabhas Bajaj,Adv. Mr. Ansh Singh Luthra,Adv. Mr. Gurpreet Singh Parwanda, Adv. Mr. Hemant Shah, Adv. Mr. Harshit Sethi, Adv. Mr. Pallav Srivastav, Adv. Ms. Mansi Tripathi, Adv. Mr. Kartik Yadav, Adv. Mr. Sahil Sharma, AOR ORDER ABAHY S OKA,J Leave granted. Heard the learned counsel appearing for the appellant and the learned Additional Solicitor General appearing for the respondent. In the present case, a complaint was filed under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "the PMLA") on August 2, 2024. The appellant is shown as a....

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....is Court has taken a consistent view that a complaint filed by the Enforcement Directorate under Section 44 (1)(b) of the PMLA will be governed by Sections 200 to 204 of the CrPC. This view has been taken by this Court in the cases of Yash Tuteja v/s Union of India and others 2024 SCC OnLine Sc 533 and Tarsem Lal v/s Enforcement Directorate (2024) 7SCC 61. Therefore, the provisions of Chapter XVI, containing Sections 223 to 226, will also apply to a complaint under Section 44 of the PMLA. As the complaint has been filed after 1st July, 2024, Section 223 of the BNSS will apply to the present complaint. The proviso to sub-section (1) of Section 223 puts an embargo on the power of the Court to take cognizance by providing that no cognizance o....