Submission on behalf of the Union of India :
The term investigation as defined in Section 2(na) of the
PMLA should be read in consonance ... such directions is
embedded in the powers of conducting 'investigation' as
defined in the PMLA which includes 'all proceedings under
Shri Jyoti Swaroop Arora vs M/S Tulip Infratech Ltd. & Ors on 3 February
judgment has also considered the scope of investigation as defined
in Section 2(h) of the Code of Criminal Procedure Code, which is
reproduced ... this context, we may also rfer to the concept of
investigation as defined in Section 2(h) of the Cr.P.C.
which clearly stipulates
involved in such process is said to have committed such offence.
Investigation is defined under section 2(na) of the Act as follows ... light of the various provisions
of the Act. Section 2(na) defines "investigation". The definition is an inclusive one and
therefore would empower
Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983; (c) "investigation" means an investigation defined under clause (h) of section 2 of the Code ... shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the Code of Criminal Procedure, 1973. Chapter
Deputy Superintendent of Police
of Vigilance Wing is nothing but investigation as defined
under Section 2(h), Cr.P.C.
9
7. Alternatively ... conducting investigation. The process so adopted by
the Vigilance Cell would not come within the purview of
'investigation' as defined under Section
Encyclopedic Law Lexicon defines "Appropriate" as follows;
The word 'Appropriate' is defined in Websters New Dictionary and
Thesaurus is
"Applicable ... prescribed".
Section 2 (h) of Code of Criminal Procedure, 1973 defines
investigation;
"Investigation includes all the proceedings under this Code for
the collection
says that all words and expressions used and not defined in the JJ Act but defined in the Code of Criminal Procedure ... also consideration of some evidence, may be documentary.
"Investigation" as defined in Section 2(h) CrPC reads as follows
effective investigation. So as to consider the issue, the Court is required to consider, at the first instance, what is investigation; reasons why a large ... Investigation" and "Offence" have been defined as under.
12. "Investigation"is a term defined under Section
investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation
as
above- mentioned.
a) Section 156 (3) Cr.P.C. lays down ... during the pendency of
investigation whether a Magistrate can interfere with the registration and
give directions.
The word investigation is defined under Section