Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, G.ARUL MURUGAN
Deputy Director Directorate of Enforcement – Appellant
Versus
Deputy Superintendent of Police Central Bureau of Investiga – Respondent
| Table of Content |
|---|
| 1. parties' contentions regarding the mandatory transfer of cases under section 44(1)(c) of pmla. (Para 4 , 5) |
| 2. trial of scheduled offences must occur in the pmla special court. (Para 6 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. transfer of pmla case to pc act special court if it is also a designated pmla court. (Para 17 , 18 , 20 , 21 , 22) |
ORDER :
G.ARUL MURUGAN, J.
Calling into question the correctness of the order dated 18.3.2025 passed by the XIII Additional Special Judge for CBI Cases, Chennai, the unsuccessful complainant has preferred this original petition.
2.1. Cut to the chase, the facts run thus: The petitioner herein is the investigating agency, which, inter alia, enforces the Prevention of Money-Laundering Act, 2002 [the PMLA]. Respondent Nos.2 and 3 are facing trial before the Principal Sessions Court, Special Court for PMLA cases, for the offence under Section 3 of the PMLA, punishable under Section 4 of the PMLA.
2.2. It is stated that the first respondent herein had registered a criminal case against respondent Nos.2 and 3 and, upon investigation, charge sheet was filed before the Principal Special Judge for CBI Cases, Chennai, for the offences puni
Under the governing legislation, a tribunal handling a predicate offence is statutorily mandated to transfer the matter to the designated special tribunal upon application by the investigating author....
The court affirmed that under Section 44(1)(c) of the PMLA, the Special Court is designated to try both scheduled offences and money laundering offences, emphasizing legislative intent for discretion....
Practice and Procedure - Special court - Jurisdiction of - There is no ambiguity in language of Section 44(1)(c) of PMLA. The concerned court, which is trying the scheduled offence, is required to tr....
The trial for scheduled offences and money laundering offences must occur in a Special Court as outlined in Section 44(1) of PMLA, reflecting legislative intent for concurrent trials.
The Prevention of Money Laundering Act allows for independent trials, and simultaneous trials for PMLA and predicate offences are not mandated by law.
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise....
Point of Law : Application was not maintainable before learned Magistrate, since Court did not have the power to direct recording of statements for it to become a record under the PMLA, the order wh....
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
The offence of money laundering is independent of the scheduled offence trials, and the trial under PMLA continues irrespective of pending proceedings related to scheduled offences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
