Share This - x High Court has permitted the Special PMLA Court To look into the materials collected by Crime Branch against ED While quashing the two FIRs filed against the Enforcement Directorate alleging that gold smuggling accused Swapna Suresh and Sandeep Nair were coerced by officials of the agency into implicating the Chief Minister and others, the Kerala High Court emphasized that the Crime Branch ought to have approached the PMLA Special Court having jurisdiction. "..the remedy of the aggrieved persons was to approach the Special Court..", Justice VG Arun ruled. Since the offence of creation of false evidence was related to a "proceeding in a court"(as the Special Court had taken cognizance of ED's final report), the police could not have registered FIR due to the bar under Section 195(1)(b)(i) of the Code of Criminal Procedure. Only the Court which is seized of the matter can act with respect to such allegations, as per the procedure under Section 340 CrPC.