Delhi HC quashes ED proceedings, says agency cannot continue PMLA probe after closure of underlying FIR NEW DELHI: Delhi HC has taken a dim view of ED’s move to rely on a six-year-old case to continue proceedings even though the FIR forming the basis of the case was closed. Justice Anish Dayal observed that despite being aware that the original FIR stood closed, ED’s was attempting to “somehow preserve the existing ECIR” and retain the coercive powers under PMLA with respect to search, seizure, freezing and attachment of properties of the petitioners.”The conduct of the ED in this regard is found wanting and raises serious concerns,” the high court observed in a recent judgement.ED’s ECIR, registered in Dec 2021, arose from an FIR registered by Economic Offences Wing (EOW) in Feb 2021 over a dispute between two factions of the family of the late Mahendra Prasad, a former MP. The issue pertained to share transfers and bank transactions by a faction of the family on the basis of forged signatures of Prasad’s wife. Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesIn Dec 2022, EOW, however, filed a cancellation report upon completion of the investigation, saying no offence was made out.However, in 2019, another FIR was registered alleging wrongful confinement of the ex-MP’s wife, removal of certain jewellery and offences under the Passports Act, which was cited by ED to carry on its PMLA probe.The court said an ECIR depended upon existence of a predicate offence, and therefore, any action taken by ED would come to an end on the closure of the FIR on the predicate offence.HC quashed all proceedings, including coercive action taken by ED, and directed it to restore status quo ante in favour of respective petitioners. TNNGet the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosH1N1 Cases Rise In Delhi: Health Minister Nadda Holds Meet, Reviews Swine Flu Situation‘Proportionate Response’: MEA Explains Bulldozer Action Outside Pakistan High Commission In Delhi4-Year-Old Viral Sensation Karga Tinkle EXCLUSIVE | “Don’t Call Me Chinese, I Am Indian”‘Making Provocative Remarks Against India For Years’: MEA Slams US Body Over RSS Sanctions CallRevanth Reddy’s US Trip Cancelled After MEA Denies Clearance, Telangana Delegation Goes AheadPellet-gun Row: Rahul Gandhi At Parliament Street Police Station To Lodge Complaint With DCP‘Don’t Politicise Our School’: Villagers Block CJP Visit As Party Alleges BJP Attack In RajasthanModi Pushes AI, Youth And Data Agenda, Tells Secretaries To Break Government Silos And InnovatePirates Hijack Two Ships Carrying 22 Indians Off Yemen And Somalia, Crew Safety Raises Concern‘NEET, Delimitation, Cauvery, Drugs’: Vijay’s Key Requests Before Amit Shah At Tamil Nadu Meeting123PhotostoriesTaarak Mehta Ka Ooltah Chashmah: From Dilip Joshi, Amit Bhatt to Munmun Dutta, here’s how much popular actors earn per episode10 baby boy names inspired by wisdom, knowledge and intelligenceOptical Illusion personality test: What you spot first reveals your secret dominant traitH1N1 is rising again: Doctors explain why swine flu cases are increasing and how to stay protectedWorking out in extreme heat? How dehydration can reduce kidney function and raise the risk of acute kidney injuryRoad to longevity: 7 simple habits that may help ‘super-agers’ stay healthy beyond 1008 foods you should never reheat in the microwave and why5 smart ways to protect yourself from office politics, according to entrepreneur Ankur WarikooThe 5 beauty trends dominating Instagram in 2026Ram Kapoor’s approximately Rs 20 crore Mumbai home: A coffin-shaped bar, private theatre room and stunning art collection123Hot PicksTCS laptop monitoring softwareTNEA counselling3 year practice ruleJEECUP counsellingAston Martin crashAbhijeet DipkeAnkur WarikooSIM card rulesManoj Mukund NaravaneTop TrendingHyderabad Aston Martin AccidentLadakh TouristMumbai Rape AirhostessMadhapur Road AccidentUKG Student DeathSalman Khan Gym FireAbhijeet DipkeRahul GandhiBengaluru RapidoBen Gvir
NEW DELHI: Delhi HC has taken a dim view of ED’s move to rely on a six-year-old case to continue proceedings even though the FIR forming the basis of the case was closed. Justice Anish Dayal observed that despite being aware that the original FIR stood closed, ED’s was attempting to “somehow preserve the existing ECIR” and retain the coercive powers under PMLA with respect to search, seizure, freezing and attachment of properties of the petitioners.“The conduct of the ED in this regard is found wanting and raises serious concerns,” the high court observed in a recent judgement.ED’s ECIR, registered in Dec 2021, arose from an FIR registered by Economic Offences Wing (EOW) in Feb 2021 over a dispute between two factions of the family of the late Mahendra Prasad, a former MP. The issue pertained to share transfers and bank transactions by a faction of the family on the basis of forged signatures of Prasad’s wife.
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In Dec 2022, EOW, however, filed a cancellation report upon completion of the investigation, saying no offence was made out.However, in 2019, another FIR was registered alleging wrongful confinement of the ex-MP’s wife, removal of certain jewellery and offences under the Passports Act, which was cited by ED to carry on its PMLA probe.The court said an ECIR depended upon existence of a predicate offence, and therefore, any action taken by ED would come to an end on the closure of the FIR on the predicate offence.HC quashed all proceedings, including coercive action taken by ED, and directed it to restore status quo ante in favour of respective petitioners. TNN
