- This writ petition was filed under Article 226 of the Constitution and was read with Section 482 of the CrPC in order to quash the order passed by the 1st Additional Chief Metropolitan Magistrate of Bengaluru.
- There were two cases registered against the petitioner. The ED filed an application before the learned Magistrate to allow two ED officers to record statements from the petitioner and other accused persons who were in judicial custody. The petitioner objected this, but the application was allowed.
- This writ petition was filed before this Court against the learned Magistrate’s order allowing this application.
- It was argued by the learned counsel on behalf of the petitioner that once an Enforcement Case Information Report is registered, all actions and any permission that is to be sought regarding such actions had to be before the Sessions Court as the competent Court or any other designated Court.
- The learned Magistrate did not have the authority to permit the recording of statement as it was outside the Court’s jurisdiction to do so.
- The learned counsel appearing for the respondents stated that there was no doubt that proceedings or trials will have to be conducted by the designated Court in such cases. But the petitioner could not have been summoned by the ED for recording of the statement after registration of the crime as he was in judicial custody.
- The Court analysed in detail the statutory framework of the PMLA.
- It was held that the application of the ED to collect evidence and record statements from the petitioner was not maintainable before the learned Magistrate, since the Court did not have the power to direct the same.
- The judgement of the Magistrate’s Court was set aside. It was held that the order passed on the application by the learned Magistrate required appropriate interference.
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