2025 (9) TMI 998

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....ticle 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.), the Petitioners have prayed for a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction thereby quashing and setting aside the charge-sheet filed in PMLA Special Case No. 2 of 2016, arising out of ECIR/MBZO/07/2015 and ECIR/MBZO/08/2015, along with all consequential proceedings against the Petitioners. 2) Heard Mr. Lalit, learned counsel for the Petitioners, Ms. Jagtap, learned Advocate for Respondent No. 2 and Smt. Deshmukh, learned APP for Respondent No. 3, State. Perused record and the Affidavit-in-reply dated 19th August 2025, filed by Shri Ramswaroop Yadav, Assistant Direc....

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....g against them or anyone claiming such property being property linked or stated to be scheduled offence through him and therefore the ECIR lodged by Respondent No. 2 against the Petitioners be quashed. 4) Ms. Jagtap, learned Advocate appearing for the Respondent No. 2 submitted that, Shri Ramswaroop Yadav, Assistant Director of Respondent No. 2 has filed his Affidavit in opposition to the Petition. She submitted that, the Jammu and Kashmir High Court in the case of Niket Kansal Vs. Union of India, through Enforcement Directorate, reported in 2025 SCC OnLine J&K 475, has taken a view that, even if the predicate offence is quashed or the accused persons therefrom are discharged, the prosecution under the Prevention of Money Laundering Act ....

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....cifically pleaded that, they have been discharged from the said case filed by the ACB, Mumbai. 5.1) At the further outset, it may be noted that, the decision in the case of Niket Kansal (supra), has been rendered by the learned single Judge of the Jammu and Kashmir High Court and under the law, it has no binding effect on this Court. Even otherwise a bare perusal of the said decision would clearly indicate that, in the conclusions drawn by the Hon'ble Judge of the said High Court, in para Nos. 39, 40 and 42 it has been held that, the ruling issued by the Hon'ble Supreme Court in Vijay Madanlal Choudhary (supra) is binding for all subordinate Courts. That, the judgment must be applied with careful consideration of the specific factual con....