TaxTMI 
TaxTMI 
2026 (10) TMI 1784
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....r. Arpit Goel, Adv., Mr. Kartik Yadav, Adv., Mr. Shoumik Chowdary, Adv., Mr. Deepak Jain, Adv., Mr. Nikilesh Ramachandran- 1406, AOR, Mr. N Hariharan, Sr. Adv., Mr. N Hariharan, Sr. Adv., Mr. Ameen K Hassan, Adv., Mr. Madhur Jain, Adv., Mr. Arpit Goel, Adv., Mr. Devanshu Yadav, Adv., Mr. Shoumik Chowdary, Adv., Mr. Deepak Jain, Adv., Mr. Sahil Sharma- 4084, AOR, Mr. N. Hariharan, Sr. Adv., Mr. Anshul Rai, Adv., Mr. Mayank Jain, Adv., Mr. Ameen K Hassan, Adv., Mr. Arpit Goel, Adv. Mr. Kartik Yadav, Adv., Mr. Shoumik Chowdary, Adv. Mr. Deepak Jain, Adv., Mr. Nikilesh Ramachandran- 1406, AOR, Mr. N Hariharan, Sr. Adv. Mr. Mayank Jain, Adv., Mr. Ameen K Hassan, Adv. Mr. Madhur Jain, Adv., Mr. Arpit Goel, Adv., Mr. Devanshu Yadav, Adv. Mr. Shoum....
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....inst their clients. 5. Mr. Ramesh Babu, learned Senior Counsel for the State submits that First Information Reports (FIRs) (VC 6/2026/SIU-1 & VC 7/2026/SIU-1 at PS-SIU-1, Thiruvananthapuram) have already been registered on 12.10.2026 and investigation commenced as per the direction of the learned Single Judge. 6. Mr. Koshy John, learned counsel for respondent No.1 (writ petitioner before the High Court) contends that FIRs have been registered pursuant to information shared by the Enforcement Directorate under Section 66(2) of the Prevention of Money Laundering Act, 2002 (2002 Act), which prima facie discloses a cognizable offence by the former Chief Minister, his daughter and son-in-law (former Minister) and others under the Preventio....
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....irector, Vigilance and Anti-Corruption Bureau, Thiruvananthapuram, is specifically directed to register FIR based on the information furnished under Section 66(2) of the PMLA for the offences disclosed therein under the PC Act, against the suspected persons specifically mentioned therein, forthwith, without any delay, and to investigate the allegations through competent officers of the Vigilance and Anti-Corruption Bureau and file the final report, without much delay. It is specifically ordered that the DGP or the head of the Special Investigation Team, having custody of the information under Section 66(2) of the PMLA shall hand over the same to the 3rd respondent, forthwith, and the 3rd respondent shall obtain the same for the pur....
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....ind that the applications seeking leave to file appeals are liable to be dismissed." Consequently, the appeals were also dismissed by the High Court. 11. Mr. John has forcefully contended that as per Vijay Madanlal Choudhary v. Union of India [(2023) 12 SCC 1], the State was obliged to register an FIR as per communication made to them under Section 66(2) of the 2002 Act by Enforcement Directorate. The appellants, being accused persons, do not have a right of hearing at the time of registration of such FIR. 12. We are unable to agree to such contention advanced before us. This is not a case where, on receipt of communication under Section 66(2), the State had registered a case on its own. On the contrary, the registration of th....
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.... to the incident so alleged." 13. Mr. Zoheb Hossain, learned counsel, argues that such requirement would be hedged by the fact that the offence is committed by public servant in discharge of official duty, which would not apply to former public servants in corruption cases. 14. We have referred to Section 175(4) of the BNSS not in reference to the merits of the case before us, but to elucidate the expansive jurisdiction envisaged in the new law with regard to participation of a potential accused prior to registration of FIR. That apart, we are also minded to observe that the Single Judge has not only directed registration of an FIR, which is the mandate in Vijay Madanlal Choudhary (supra), but also directed commencement of investigati....