SURESH KUMAR REKHI Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged order dtd. 20/2/2025, passed by the learned Principal Sessions Judge, Jammu (hereinafter referred to as the 'Special Judge') whereby the application of the petitioners seeking a direction not to invoke Sec. 294 of the CrPC during trial of the case pending before the Special Court, has been declined.

(2.) It appears that a complaint under Ss. 44 and 45 of the Prevention of Money Laundering Act (hereinafter referred to as the 'PMLA') has been filed by the respondent against the petitioners, alleging the commission of offences under Sec. 3 and 4 of the said Act and the said complaint is pending before the Court of Special Judge for PMPLA cases (Principal Sessions Judge, Jammu). It further appears that, at the stage of prosecution evidence, the learned Special Judge passed an order on 11/12/2024, calling upon the petitioners/accused to admit or deny the documents relied upon by the respondent/complainant by invoking powers under Sec. 294 of the CrPC. However, the petitioners moved an application before the Court of Special Judge, with a prayer not to invoke Sec. 294 of the Cr.PC. In the said application, it was pleaded by the petitioners/accused that before invoking the provisions contained in Sec. 294 of the Cr.PC, the prosecution has to include the documents sought to be admitted or denied in a list, in such form as may be prescribed by the State Government as required under Sec. 294(2) of the Cr.PC. It was contended before the learned Special Judge that no such form has been prescribed by the Government of Jammu and Kashmir as yet and, therefore, the provisions contained in Sec. 294 of the Cr.PC cannot be invoked.

(3.) The learned Special Judge, after hearing the parties, passed the impugned order, declining the prayer of the petitioners. In the impugned order, it has been observed by the learned Special Judge that the objection raised by the petitioners is not tenable, as the list of documents has already been placed on record by the complainant/respondent along with the complaint, wherein the particulars of the documents relied upon have been entered and soft copies thereof have already been provided to the petitioners. It has also been observed by the Special Judge that the defence can always seek clarification in case of any difficulty in indentifying any document or understanding contents thereof.