Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.6332 OF 2024 ARJUN Amit Chandole …Petitioner VITTHAL Versus KUDHEKAR Directorate of Enforcement …Respondents Digitally signed by ARJUN VITTHAL Through its Assistant Director, Mumbai & Anr.

KUDHEKAR Date: 2025.06.12 22:30:50 +0530 WITH INTERIM APPLICATION (ST) NO.12908 OF 2023 IN WRIT PETITION NO.6332 OF 2024 Ramesh Iyer …Applicant IN THE MATTER BETWEEN:

Amit Chandole …Petitioner Versus Directorate of Enforcement …Respondents Through its Assistant Director, Mumbai & Anr.

WITH WRIT PETITION NO.4523 OF 2022 Directorate of Enforcement …Petitioner Through Assistant Director, Mumbai Versus M/s Topsgrup Services And Solutions Ltd. & Ors. …Respondents WITH INTERIM APPLICATION NO.1432 OF 2023 IN WRIT PETITION NO.4523 OF 2022 Ramesh Ramkrishna Iyer …Applicant IN THE MATTER BETWEEN:

Directorate of Enforcement …Petitioner Through Assistant Director, Mumbai Versus M/s Topsgrup Services And Solutions Ltd. & Ors. …Respondents _______________________________________________________________ Mr. Aabad Ponda, Senior Advocate a/w Sebin Michael Joseph, Sandra Jaison & Mayank Jain, for the Petitioner in WP/6332/2024 and for Respondent No.8 in WP/4523/2022.

Mr. H. S. Venegavkar, SPP a/w Kamar Ali Shaikh & Leepika Rasiwasia, for Respondent No.1-ED in WP/6332/2024 and for the Petitioner in WP/4523/2022.

Mr. Amit Desai, Senior Advocate a/w Kushal Mor, Gopal Krishna Iyyer, Mamta Harwani & Riddhi Dhamecha i/b Dhiren H. Shah, for Respondent No.7 in WP/4523/2022.

Ms. P. P. Bhosale, APP, for the Respondent-State.

Mr. Dharmesh Joshi a/w Imran Khan, for the Intervenor.

_______________________________________________________________

CORAM: MADHAV J. JAMDAR, J.

DATED: 11 JUNE 2025 JUDGMENT:

1. The reliefs sought in Criminal Writ Petition No.4523 of 2022 are as follows :-

“b. That this Hon’ble Court be pleased to quash and set aside letters dated 7^th September, 2022 (Exh. 43), 15^th September, 2022 (Exh. 48) in Special Case No. 1124 of 2020, pending on the file of Ld. Special PMLA Judge.

Mumbai;

c. That this Hon’ble Court be pleased to quash and set aside letter bearing OW No. 17951/2022 dated 4^th August, 2022 from the Registrar of Sessions Court, Mumbai, directing the Ld. Additional Chief Metropolitan Magistrates 47th Court at Esplanade, Mumbai, to pass appropriate orders with regards to the ‘C’-Summary Report, and thereafter commit the same to the Ld. Special PMLA Court, Mumbai;

d. That this Hon’ble Court be pleased to quash and set aside the judgement and order dated 14/09/2022 passed by the Ld. Additional Chief Metropolitan Magistrates 47th Court at Esplanade, Mumbai thereby sending the records of CC No. 2448/MISC/2021 in MECR No. 5/2020 back to the Ld. Special PMLA Court, Mumbai;

e. That this Hon’ble Court be pleased to quash and set aside the impugned judgement and order dated 14/09/2022, accepting ‘C’-Summary Report, passed by the Ld. Additional Chief Metropolitan Magistrates 47th Court at Esplanade, Mumbai in CC No. 2448/MISC/2021 in MECR No. 5/2020;”

2. The following relief is sought in Writ Petition No.6332 of 2024 :-

“A. Issue a writ of Certiorari or any other writ, order or direction setting aside the impugned Order dated 18/07/2022 passed by the Ld. Additional Chief Metropolitan Magistrate, 47^th Court, Esplanade, Mumbai in C.C No. 2448/Misc/2021 and all the proceedings initiated consequent thereof;”

3. The impugned Order dated 18th July 2022 has been passed by the learned Additional Chief Metropolitan Magistrate, 47^th Court, Esplanade, Mumbai in C.C. No.2448/MISC/2021 below application filed by Prosecution For Directorate Of Enforcement for committal of the said proceedings before the PMLA Special Court at Mumbai. The prayer sought in the said Application reads as under :-

“a) this Hon’ble Court be pleased to commit the abovesaid case of scheduled offences under IPC at C-Summary MISC/4702448/2021 filed in FIR No. 05/2020 filed by EOW for a simultaneous trial with PMLA Case No