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Shiv Kant Tripathi Vs. State Of U.

P1

The brief details of the case are as follows: the petitioner filed a complaint with the F.I.R.
accusing the commission with certain proposed crimes, several violations under the Prevention of
Corruption Act of 1988 and the commission of offences under Sections 3 and 4 of the Money-
Laundering Act.

The content of the charges in the FIR is that, while holding the office of Chairman of the
Development Council of Uttar Pradesh, Amar Singh misused his official role and awarded
thousands of crores worth of government contracts to firms owned and operated by him and earned
kickbacks in the form of commissions as well. It was also suspected that by developing a network
of offshore firms, he indulged in the money-laundering business.

Thus, through plotting with other directors, officials and legislative authorities, he was in
possession of resources superior to his recognized sources of revenue and misused his power by
indulging in the money-laundering company. As far as the crimes under the Money-Laundering Act
are concerned, the inquiry was concluded by the Compliance Directorate, however the Directorate
could not find enough against Amar Singh to file a charge sheet on the basis of materials made
available during the investigation, and thus the investigation was closed, but no report was sent to
any Court.

The Court ruled that the Directorate of Compliance is required to apply, because as case
could be, a final ruling or charge-sheet even before Court which, in consultation with the Chief
Justice of the High Court pursuant to Section 43 of the Money-Laundering Act, is appointed as a
Special Court by the Central Government. In the current context, the Compliance Directorate
evidently did not submit an official draft after the conclusion of the investigation, on the basis that
there is no provision under the Money-Laundering Act for the submission of a final report.

No new bid or invitation under this clause shall be made until the allotments have been met or the
invitation/offer has been abandoned by the organization with respect to any offer or invitation made
earlier. c. With an investment size of not less than twenty thousand rupees of the face value of
securities, the value of such offer/invitation shall be per person. d. Only individuals whose names
are registered by the firm prior to an invitation to subscribe to the shares shall be given a private
placement offer/invitation. e. The money payable for the securities subscription shall be paid by
cheque/DD or other banking platforms and the money obtained

12013 (6) ADJ 672.

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