Govt. moves against single judge’s order
[ad_1]
The State authorities on Wednesday filed an enchantment earlier than a Division Bench of the Kerala High Court against a single judge’s order quashing the 2 First Information Reports (FIRs) registered by the Crime Branch (CB) against ‘unnamed officers’ of Enforcement Directorate (ED) for allegedly forcing Swapna Suresh and Sandeep Nair, prime accused within the gold smuggling and cash laundering circumstances, to offer false statements against the Chief Minister and different authorities officers.
The single choose had noticed that the Crime Branch couldn’t register FIRs for the offence underneath Section 193 of Indian Penal Code (IPC) (fabrication of false proof), against the ED officers in view of the bar underneath Section 195(1)(b) of Criminal Procedure Code (Cr.PC).
As per Section 195 (1) (b) of Cr.PC, solely the court docket earlier than which the proceedings in a case have been pending might take cognizance of an offence referring to the fabrication of proof.
The single choose had noticed that the correct treatment for the Crime Branch would have been to method the Special Court underneath Prevention of Money Laundering Act (PMLA) with the grievance against the ED officers.
It was for the Special Court to look into the statements of Nair and others and determine whether or not it was expedient to conduct a probe into the allegations relating to the fabrication of proof by the ED.
The single choose had failed to think about the truth that there was no authorized bar in any statute prohibiting the registration of the crime and investigation of the circumstances involving offences enumerated in Section 195 (1) (b) (i), Cr.PC, the federal government argued in its enchantment.
[ad_2]
