2026 (9) TMI 297

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....Cr.P.C. seeking return of the complaint on the ground of lack of territorial jurisdiction. 2. The petitioner is arrayed as Accused No.1 in S.C. No. 109 of 2015, pending on the file of the learned Metropolitan Sessions Judge-cum-Special Court under the Prevention of Money Laundering Act, 2002 (PMLA), Nampally, Hyderabad. The prosecution arises from proceedings initiated under the PMLA, wherein cognizance of the offence was taken in the year 2015 and process was issued to the accused persons. 3. Heard Mr. V. Seetharama Avadhani, learned counsel for the petitioner, and Mr. Dominic Fernandes, learned Senior Standing Counsel appearing for the Directorate of Enforcement. 4. Learned counsel for the petitioner contended that the trial Cour....

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....rix and the legal position. It is submitted that the belated challenge to jurisdiction is untenable and that no jurisdictional error or legal infirmity is made out warranting interference under Section 482 Cr.P.C. 7. I have carefully perused the material on record and considered the submissions advanced on either side. 8. It is undisputed that cognizance in S.C. No. 109 of 2015 was taken in the year 2015 and that summons were duly issued. The petitioner not only entered appearance but also participated in the proceedings and invoked remedies available under law, including filing discharge applications. The present petition invoking Section 201 Cr.P.C. has been filed after an unexplained and substantial delay of nearly nine years. 9....

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....g is a distinct and independent offence, separate from the scheduled offence. The offence is of a continuing nature, involving the process or activity connected with proceeds of crime, including concealment, possession, acquisition, or use thereof as untainted property. Judicial pronouncements of the Hon'ble Supreme Court have consistently recognized this distinct character of the offence under the PMLA. 13. Therefore, merely because certain properties are situated in another State does not ipso facto oust the jurisdiction of the Special Court, particularly when the complaint discloses a continuing offence involving proceeds of crime and their projection as untainted assets. 14. In view of the foregoing analysis, this Court is of the ....