2015 (5) TMI 1276

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....avarty. For the Respondent :- AGA, Sri S.B. Pandey, ASG, Sri Ankit Srivastava. JUDGEMENT 1. Heard Sri P. Chakravarty, learned counsel for the petitioners, learned A.G.A. and Sri S.B. Pandey, learned Assistant Solicitor General for the Union of India assisted by Sri Ankit Srivastava. 2. By means of this petition, under Section 482 of Code of Criminal Procedure (in short Cr.P.C.), petitioners have prayed for quashing the Complaint Case No. 2 of 2014 (B. Hazra Vs. Sri Hinish Ramchandani and others) filed against them under Section 4 of the Prevention of Money Laundering Act, 2002 (in short 'PML Act') pending before learned Sessions Judge, Lucknow along with the cognizance order dated 28.03.2014 passed by learned Sessio....

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....Ramchandani under the provisions of PML Act and during inquiry, it was found that petitioner nos. 1 to 9 had committed offence under Section 3 of PML Act punishable under Section 4 of PML Act in respect of the proceeds of crime acquired by Hinish Ramchandani. After inquiry, the aforesaid complaint was filed against the petitioners as well as Hinish Ramchandani and one another. On the basis of the aforesaid complaint, the learned Sessions Judge, Lucknow took cognizance by the impugned order dated 28.03.2014 (Annexure-2 to this petition). 5. It has been contended by learned counsel for the petitioners that no police report under Section 173 of Cr.P.C. has been filed against the petitioners and, therefore, the offences under Section 3 of PM....

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....ssists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of the crime and projecting it as untainted property shall be guilty of the offences of money laundering. Therefore, it is crystal clear that the person who acquired the proceeds of crime is being helped by anybody directly or indirectly knowingly to convert that money claiming it untainted as of his own may be prosecuted under Section 3 of PML Act. 11. It is not necessary to the person who indirectly or directly indulged or knowingly involved in any process of activity connected with the proceeds of crime and claiming the same as untainted property shall come in the clutches of Section 3 of PML Act. The burden to prove that prop....