2026 (7) TMI 241

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....i. Jose Jones Joseph, Shri. M. Ajay, Sri. A. Sudhi Vasudevan (Sr.), Smt. Diya Nagaraj, Shri. V.P. Prasad, Adv. Jaishanker V. Nair, SC, Enforcement Directorate. JUDGMENT This original petition (criminal) has been filed under Article 227 of the Constitution of India, seeking the following reliefs: 1) Set aside the Exhibit P4, impugned order dated, 28.07.2025 in Crl. M.P. No. 115/2025 in C.C.No. 2/2016 of the Special Judge (SPE/CBI)-II, Ernakulam and 2) Consequently, order to transmit the case file therein back to the Special Judge (SPE/CBI)-II to continue with the trial in C.C.No. 2/2016 of the PC Act offences; 3) Pass such other order as this Hon'ble Court may deem fit in the circumstances of the case." 2.....

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....h respondent on a pertinent legal question, on the premise of Sections 44(1)(a) and (c) and 71 of the PML Act. According to the learned counsel for the 15th respondent, even though the Special Additional Sessions Court (Maradu Cases), Kozhikode, is the only notified Court under the PML Act, the said Court has jurisdiction to try the scheduled offence, which has been now transferred and under consideration along with PML Act case. Therefore, the order impugned is liable to be confirmed. He also pointed out the convenience of the 15th respondent in this regard. 5. The learned counsel for the 15th respondent has placed reliance on decisions of various High Courts, to buttress his contention, particularly the decision of the High Court of De....

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....r the petitioner and the first respondent. 8. In this connection, it is relevant to refer Section 44(1)(a) and (c) of the PML Act and the same is extracted hereunder: "44. Offences triable by Special Courts. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 - (a) an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the Special Court constituted for the area in which the offence has been committed: Provided that the Special Court, trying a scheduled offence before the commencement of this Act, shall continue to try such scheduled offence; or; (b) xxxxx (c) If the court which has taken cogni....