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2020 (2) TMI 1017
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....eeraj Upadhyay & Ors.). A further prayer has been made to direct the Enforcement Directorate to comply with the provisions of Section 44(1)(c) of Prevention of Money Laundering Act, 2002. In the F.I.R. bearing Case Crime No. RC 1 (A) of 2012 lodged by the C.B.I., a charge sheet was filed under Section 120-B read with Sections 420, 409 I.P.C. and Section 13(2) read with Section 31(1)(d) of P.C. Act. Thereafter, ECIR No. ECIR/05/PMLA/LZO/2012 was filed by the competent authority under the provisions of Prevention of Money Laundering Act, 2002, (hereinafter referred to as the ' PML Act'), which was registered as Complaint Case No. 9 of 2017, (Enforcement Directorate Vs. Neeraj Upadhyay & Ors.), on which, cognizance was taken by the co....
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....the Special Court, PML Act at Lucknow, therefore, it was obligatory on the part of respondent no. 6 to move an application before the said Special Court of Special Judge/C.B.I. NRHM, Ghaziabad for committing the trial of Case Crime No. RC 1 (A) of 2012, where the said matter is pending. It has also been submitted that the applicants moved an application before the Special Court, PML Act, Lucknow seeking a direction to the Enforcement Directorate to comply the provisions of Section 44 (1)(c) of the Act, which was registered as B-11 of 2018. It has been submitted that the aforesaid application was rejected by the court below with the observation that the same is not maintainable and the PML court has no jurisdiction to give direction to any o....
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....the said interim protection, applicant is trying to avoid the proceeding, as in the application moved by him in pursuance to the directions of this Court, only adjournments were taken by the applicants, since the protection given by this Court was that till the decision of the said application, non-bailable warrant dated 29th January, 2018 shall not be given effect to. Learned counsel for the respondent no. 2 next submitted that only after specific query was made by this Court vide order dated 22nd October, 2019 in the present case then he persuaded the case and his application bearing No. B-11 of 2018 was rightly rejected. Thereafter, applicant moved applications B-4 and B-7 for reconsideration, but there is no provisions for reviewing the....
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....omplaint case and the court accordingly be directed to accept the same. Learned counsel appearing for the Enforcement Directorate, opposing the prayers made in this petition, has submitted that since there is enough material to clearly establish the offence under section 3/4 of Prevention of Money Laundering Act, 2002, hence, no question of quashing the proceedings before the learned court below arises. At this juncture, Shri Misra, learned Senior Advocate appearing for the applicant has submitted that at present he is pressing the prayer no.2 made in the petition without prejudice to his rights in respect of prayer no.1. Learned counsel representing the Enforcement Directorate has then submitted that the prayer no.2 cannot be granted....
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....ed non-bailable warrants against the applicant. A perusal of the said order dated 29.01.2018 passed by the learned Sessions Judge, Lucknow discloses that though a prayer through counsel was made by the applicant before the learned Sessions Judge that he may be given some time to appear before the court and move an application for bail, however, it does not disclose that the applicant had moved any application under section 88 of the Code of Criminal Procedure read with section 45 of Prevention of Money Laundering Act for furnishing the personal bond. Accordingly, we provide that the applicant may move such application before the learned court below through counsel within a week and if any such application is moved, the same shall be consi....