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2021 Supreme(Del) 192

VIBHU BAKHRU
Upendra Rai – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Arjun Dewan, Mr. Arjun Mukherjee, Mr. Shahryar Khan.
For the Respondents: Mr. Nikhil Goel, Mr. S.V. Raju, Mr. Amit Mahajan, Ms. Sarica Raju, Mr. A. Venkatesh, Mr. Guntur Pramod Kumar, Mr. Kritagya Kumar Kait.

JUDGMENT :

VIBHU BAKHRU, J.

1. The Petitioner has filed the present petition impugning an order dated 05.10.2020 (hereinafter ‘the impugned order’) passed by the Special Judge (PC Act), Rouse Avenue District Courts in CC No. 42/2019. By the impugned order, the learned Special Judge has directed transfer of the trial of CC No. 42/2019 arising out of RC No. 217/2018/A/0004/CBI, to the Special Court (PMLA) at the Patiala House Courts Complex.

2. The Petitioner contends that since the Special Court (PMLA) is not empowered to try cases for offences under the Prevention of Corruption Act, 1988 (hereinafter the ‘PC Act’) the impugned order transferring the case to such a court, which does not have the jurisdiction to decide it, is patently erroneous and is liable to be set aside.

3. The controversy in the present case arises in the following factual context.

4. Respondent No. 1 (hereafter ‘CBI’) registered two FIRs against the Petitioner herein. The first bearing RC No. 217/2018/A/0003 dated 01.05.2018 under Sections 420/120B of the Indian Penal Code, 1860 (hereafter ‘IPC’) and Section 13(2) read with Section 13(1)(d) of the PC Act. The second bearing RC No. 217/2018/A/0004 dated 05.05.2018 re

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