ECIR cannot be quashed by Inherent Power of HC: Punjab and Haryana HC [Read Order]
Punjab and Haryana HC rules, ECIR cannot be quashed by Inherent Power of HC
Punjab and Haryana High Court – ECIR – Inherent Power – Inherent power of the High Court – Taxscan
Punjab and Haryana High Court – ECIR – Inherent Power – Inherent power of the High Court – Taxscan
The Punjab and Haryana High Court observed that the Enforcement Case Information Report ( ECIR ) cannot be quashed by the inherent power of the High Court.
The petitioner sought the quashing of Enforcement Case Information Report being illegal and abuse of process of law in view of the judgment passed by the Supreme Court in Vijay Madanlal Choudhary and others Versus Union of India and others, and Parvathi Kollur and another Versus State by Directorate of Enforcement, since the petitioner has already been discharged of the predicate offences.
The trial Court, Panchkula, discharged the petitioner of the offences under Sections 121 and 121-A IPC. Therefore, given the discharge of the petitioner of the predicate offence, the continuance of proceedings under the Prevention of Money Laundering Act, 2002 ( ‘PMLA’ ), which were initiated on the strength of the predicate offence, would be against the settled law and an abuse of the legal process.
The counsel for the petitioner contended that ECIR is registered by the ED, which is an investigating agency specializing in investigating the criminal offences under the PMLA. Consequently, since there are allegations of commission of criminal offences under the PMLA, and the fact that the registration of an ECIR results in penal consequences, the present petition would indeed be maintainable under Section 482 of the Cr.P.C.
The counsel for the respondent-ED submitted that the instant petition under Section 482 of the Cr.P.C. seeking the quashing of ECIR is not tenable, as it is an internal administrative document of the ED. It cannot be kept at par with an FIR, much less equated with it. Consequently, the provisions of the Code of Criminal Procedure (Cr.P.C.) are not applicable to the ECIR.
A Single Bench of Justice Manjari Nehru Kaul observed that “The ECIR is an internal administrative document of the ED. Consequently, in the considered opinion of this Court, since the ECIR precedes the stage of criminal prosecution and proceedings, it thus falls outside the purview of the inherent jurisdiction conferred upon this Court by Section 482 of the Cr.P.C. Therefore, the prayer of the petitioner for quashing of the ECIR under Section 482 of the Cr.P.C. cannot be entertained.”
To Read the full text of the Order CLICK HERE
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