2026 (7) TMI 924

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....GNZO/04/2023 dated 03.03.2023, pending before the Special Judge, PMLA, Gurugram, Haryana, Mr. Kapil Sibal, learned Senior Counsel during arguments restricted his prayer to transfer of the PMLA case from Gurugram to the Special Court under PMLA at Delhi. 2. The factual synopsis is as follows:- (i) The Petitioner was a promoter of M/s Krrish Realtech Pvt. Ltd. ["Krrish"] which was developing a real estate project titled 'Krrish World' in Gurugram. (ii) Alleging various illegal activities including cheating of homebuyers, a number of criminal cases were registered against Krrish, its group companies and Directors, including the petitioner. (iii) Citing 6 such cases [FIR No.674/2013 dated 03.10.2013, FIR No.221/201....

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....c Offences Wing, Delhi and transferred the former to Delhi [W.P. (Crl) No. 67/2025-order dated 18.05.2026 (as clarified vide order dated 21.05.2026 in MA (Diary) No. 31664/2026)]. Under these circumstances, the learned Senior Counsel submits the present PMLA prosecution may also be transferred to Delhi. 5. This prayer too is opposed by Mr. Kaushik, learned ASG who argues that the petitioner through Krrish had duped a sum of Rs. 503 Crore from innocent homebuyers on the dishonest representation of developing 466 residential plots in a 151.57 acres project at Gurugram. These monies were diverted through multiple group companies which were not involved in the development or construction project. A shell company namely  M/s Mahadev Infr....

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.... of Criminal Procedure,1973 states when an offence consists of several acts which are done in different local areas, the Court having jurisdiction over any of such areas may enquire and try the offence. As per Section 46 of the PMLA, procedure under the Code, unless inconsistent with the Special Act, would apply to the proceeding before the Special Court. Accordingly, prosecution u/s 4 of the PMLA may be instituted in any one of the Special Courts constituted u/s 43 of the Act within whose territorial jurisdiction the 'proceeds of crime' is either derived or obtained as a result of criminal activity or wherever it is concealed, possessed, acquired, used or projected/claimed as untainted property [See Rana Ayyub (supra), Paras 41 to 42]. ....