2026 (7) TMI 1055

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....he order dated 23.05.2025 in Crl.MP.No.8199 of 2022 in Spl.CC.No.1 of 2022 on the file of the XIV Additional Special Judge for CBI Cases, Chennai, rejecting the petition filed under Section 227 of the Code of Criminal Procedure, 1973 seeking for discharge. 2. The brief facts are that the respondent/Enforcement Directorate filed a complaint before the Special Court under Section 45(1) read with Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 [hereinafter referred to as 'PML Act'], as against 6 accused persons, including the petitioner herein. The Special Court took cognizance of the complaint in Spl.CC.No.1 of 2022. At the stage of framing of charges, the petitioner/second accused filed petition under Section 227 of the C....

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....rroneously dismissed the petition seeking for discharge, which is arbitrary and unsustainable. 5. Per contra, Mr.P.Siddarthan, learned Special Public Prosecutor appearing for respondent, Enforcement Directorate submitted that the accused persons, including the petitioner have been filing one petition after the other without any basis only to protract the proceedings and delay the trial. He further submitted that the petitioner/A2 is a trustee of the trust that falsely availed huge loan amount from the bank, which were subsequently siphoned off. It is contended that the petitioner, along with her husband A1, conspired with co-accused and committed the offence, whereby proceeds of crime have been laundered. The respondent Enforcement Direc....

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....de (IPC), 1860 and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. Additionally, a large number of complaints came to be lodged regarding huge sum of money collected from the students and around 66 FIRs came to be registered by the Inspector of Police, Crime Branch, Tiruvallur and other police stations, for offences under Sections 406, 420, 468, etc. of IPC, against the petitioner. 9. In view of the registration of the predicate case, which constitutes scheduled offences under the PML Act, the respondent/Enforcement Directorate registered Enforcement Case Information Report (ECIR) No.13 of 2013. After completion of the investigation, the respondent filed the complaint under Sections 45(1) read with Section....

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....e any independent source of substantial income. Smt.T.D. Prabhavathy has knowingly assisted Shri T.D.Naidu in acquiring the aforesaid properties out of the proceeds of the crimes involved in various aforementioned offences and has been enjoying/using the income derived from the said properties and claiming the same as untainted properties. Thus, it is very well confirmed that Smt. T. D. Prabhavathy-(A-2 herein) has indirectly involved in the offence of money laundering and knowingly is a party in possession, acquisition and use of the proceeds of crime and projecting the same as untainted property. Therefore Smt.T.D.Prabhavathy (A-2 herein) has been guilty of offence of money laundering under section 2(1)(p) /w section 3 of the PMLA, 2002."....