JUDGMENT :

UJJAL BHUYAN, J.

1. Heard Mr. Vedula Srinivas, learned Senior Counsel representing Ms. K.Jayasree, learned counsel for the appellants and Mr. V.Ramakrishna Reddy, learned counsel for the Enforcement Directorate i.e., the respondents.

2. This appeal is directed against the order dated 17.10.2022 passed by the learned Single Judge dismissing W.P.No. 45712 of 2018 filed by the appellants as the writ petitioners.

3. Appellants had filed the related writ petition seeking a direction to the respondents, more particularly to respondent No. 2, to release the property from attachment.

4. As per the case of the appellants as projected in the writ affidavit, appellant No. 1 was arrayed as accused No. 1 in F.I.R.No. 369 of 2009 registered before the Patancheru Police Station under Sections 120B, 420, 423, 468 and 471 of the Indian Penal Code, 1860 (IPC). Following investigation carried out by the police, charge sheet was filed in the Court of Additional First Class Judicial Magistrate, Sangareddy, which upon cognizance was registered as C.C.No. 319 of 2010. Following registration of the criminal case, ECIR/02/HZO/2010/1915 was registered under the Prevention of Money Laundering Act, 2002 (briefly, ‘the PMLA’ hereinafter) by the Enforcement Directorate. Thereafter, provisional attachment order No. 06/2016 dated 30.12.2016 was passed by respondent No. 2 provisionally attaching the following properties of the appellants:

(i) 80 guntas of land Sy.No. 151/A, registered vide document No. 5196/2009, dated 30.06.2009 with SRO, Sangareddy (R.O) in the name of Shri Manturi Shashi Kumar.

(ii) 19 guntas of land at Sy.No. 122/A, registered vide document No. 1019/2015, dated 26.02.2015 with SRO, Sadasivpet in the name of Smt. Manturi Swapna, W/o. Shri Manturi Shashi Kumar.

(iii) 18 guntas of land at Sy.No. 122/A5, registered vide document No. 2749/2015, dated 27.02.2015 with SRO, Sadasivpet in the name of Smt. Manturi Swapna, W/o. Shri Manturi Shashi Kumar.

(iv) 90 square yards of land of Plot No. 8B and 9B Part at Sy. No. 727, Opp. PSML, residential area Sadasivpet Municipal Limits, Medak District registered vide document No. 436/2009, dated 13.02.2009 with SRO, Sadasivpet in the name of Smt. Manturi Swapna, W/o. Shri Manturi Shashi Kumar.

5. Thereafter respondent No. 2 filed original complaint under Section 5(5) of PMLA against appellants and others. After the provisional attachment order, adjudicating authority passed order dated 25.02.2017 confirming the provisional attachment order made by respondent No. 2.

6. According to the appellants, while C.C.No. 319 of 2010 was pending on the file of learned Additional Judicial First Class Magistrate, Sangareddy, the case was referred to Lok Adalat and on compromise reached between appellants and the de facto complainant – P.Sudheer Reddy, order dated 20.03.2018 was passed discharging appellant No. 1 from the criminal case besides closure of C.C.No. 319 of 2010.

7. Appellants informed respondent No. 2 about closure of C.C.No. 319 of 2010 on 01.05.2018 and requested the said authority to release the properties from attachment. However, no decision was taken by respondent No. 2 and the attached properties continued to remain under attachment. In the circumstances, appellants filed the related writ petition seeking the relief as indicated above.

8. The writ petition was contested by the respondents by filing counter affidavit. Stand taken in the counter affidavit was that acquittal in predicate offence would have no bearing or effect in the investigation or trial under PMLA, as PMLA deals only with the offence of money laundering. It was stated that complaint as contemplated under PMLA has already been filed before the Court of Metropolitan Sessions Judge, Hyderabad, and upon cognizance being taken, the same has been registered as S.C. No. 342 of 2018. Reference was made to the provisions of the Prevention of Money Laundering (Restoration of Property) Rules, 2016, more particularly to Rule 3-A thereof, whereafte