Section 45 of PMLA Act does not bar application of Section 205 Cr.P.C.

Lalita Mohan Das Vs Assistant Director (Orissa High Court)

The case revolves around a petitioner seeking exemption from personal attendance in a PMLA (Prevention of Money Laundering Act) case. The petitioner’s application under Section 205 Cr.P.C. was rejected by the Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar. The petitioner challenged this rejection, arguing that Section 45 of the PMLA Act does not bar the application of Section 205 Cr.P.C. The court examined the matter, considering previous judgments and the provisions of both the PMLA Act and the Cr.P.C. It concluded that while Section 45 of the PMLA Act does not prevent the application of Section 205 Cr.P.C., the discretion granted by Section 205 Cr.P.C. should be exercised judiciously. The court set aside the rejection order and remanded the matter back to the Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar for reconsideration in light of its observations.

FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT

The present application has been filed by the Petitioner by invoking the inherent power of this Court under Section 482 Cr.P.C. to quash the impugned order dated 16.08.2022 under Annexure-2 to the application whereby the learned Sessions Judge-cum-Special Judge under PMLA Act, Khurda at Bhubaneswar has declined to allow exemption from personal attendance of the Petitioner by rejecting the application filed by the Petitioner under Section 205 Cr.P.C. in PMLA Case No.32 of 2017.