2025 (10) TMI 1275

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....ken against the petitioner under Section 3/4 of the Prevention of Money Laundering Act, 2002 (for short, "the Act of 2002"). 2. Learned counsel for the petitioner submits that the petitioner is a public servant and after filing of the charge-sheet against him, cognizance has been taken for the above stated offences without taking prosecution sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "the BNSS"). 3. Learned counsel for the petitioner submits that in absence of sanction to prosecute the petitioner neither the charge-sheet can be filed nor the cognizance can be taken. 4. In support of his contention, counsel for the petitioner has placed reliance upon the judgment passed by the Hon'ble Apex....

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.... 7. The only argument which has been raised before this Court is that the petitioner is a public servant and without getting sanction from the Department, he has been prosecuted and cognizance has been taken against him under Section 3/4 of the PMLA Act. 8. Section 218 of BNSS deals with the procedure of prosecution of judges and public servants. For ready reference, the same is reproduced as under:- "218. Prosecution of Judges and public servants (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his ....

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....n 77, section 78, section 79, section 143, section 199, or section 200 of the Bharatiya Nyaya Sanhita, 2023. (2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government. (3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Gov....