CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering
A Sessions Court in Nagpur has taken cognizance of a scheduled offence against Kavita. A different Special Court has taken cognizance of the related money-laundering complaint. On the application of the authority authorised to file the complaint, what must the Nagpur court do?
On the authorised authority's application, the court must commit the scheduled offence case to the Special Court that has taken cognizance of the money-laundering complaint. The Special Court continues from the stage at which the case was committed rather than starting afresh.
- ADiscard the scheduled offence case
- BCommit the scheduled offence case to the Special Court, which proceeds from the stage of commitmentCorrect
- CStay its case until the Special Court finishes
- DRetry the case afresh before the Special Court
Explanation
Section 44(1)(c) says that on the application of the authorised authority, the court that took cognizance of the scheduled offence shall commit that case to the Special Court. The Special Court then deals with it from the stage at which it was committed, not afresh.
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