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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

CRIMINAL PETITION No.3542 OF 2022

BETWEEN:

SMT. PAVANA DIBBUR

W/O. LATE AYYAPPA DORE,

AGED ABOUT 44 YEARS,

RESIDING AT NO. 528,

SANGAMA, 5^TH CROSS,

HMT LAYOUT, R.T. NAGAR,

BENGALURU – 560 032.

... PETITIONER

(BY SRI MURTHY D.NAIK, SR. ADVOCATE A/W

SRI H.PAVANA CHANDRA SHETTY, ADVOCATE)

AND:

THE DIRECTORATE OF ENFORCEMENT

GOVERNMENT OF INDIA,

REPRESENTED BY ITS ASSISTANT DIRECTOR,

BENGALURU ZONAL OFFICE,

3^RD FLOOR, “B” BLOCK,

B.M.T.C., SHANTHINAGAR, TTMC,

K.H. ROAD,

BENGALURU – 560 027.

... RESPONDENT

(BY SRI MADHUKAR DESHPANDE, ADVOCATE)

R

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C., PRAYING TO i) QUASH THE COMPLAINT DATED

07.03.2022

AT

ANNEXURE-B,

IN

SPL.C.C.NO.781/2022

(P.C.R.NO.13/2022) PENDING ON THE FILE OF PRINCIPAL CITY

CIVIL AND SESSIONS JUDGE (SPECIAL COURT OF PMLA CASES

UNDER PREVENTION OF MONEY LAUNDERING ACT (PMLA), 2002)

BENGALURU

CITY,

BENGALURU

AS

AGAINST

THE

PETITIONER/ACCUSED NO.6 AND ETC.,

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 03.08.2022, COMING ON FOR

PRONOUNCEMENT

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:-

ORDER

The petitioner is before this Court calling in question

complaint dated 07-03-2022 in Special C.C.No.781 of 2022

pending before the Principal City Civil and Sessions (Special Court

for PMLA Cases under the Prevention of Money Laundering Act,

2002) Bangalore City and has further sought quashment of entire

proceedings in the aforesaid special case registered under the

provisions Prevention of Money Laundering Act, 2002 (‘the PMLA’

for short).

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2. Facts adumbrated in brief, are as follows:-

A complaint is registered against the petitioner and several

others in P.C.R.No.13 of 2022 on 7-03-2022 by the Directorate of

Enforcement for offences punishable under Sections 44 and 45 of

the PMLA for commission of offences of money laundering as

defined under Section 3 read with Sections 8(5) and 70 which

become offence punishable under Section 4 of the PMLA. The

allegation in the complaint is that during her tenure as Vice-

Chancellor of M/s Alliance University between 23-12-2014 and

7-01-2016, the petitioner got acquainted with Madhukar G.Angur,

accused No.1 and in furtherance of the conspiracy with accused

No.1 executed a sham and a nominal sale deed of conveyance

without any sale consideration pertaining to the properties

belonging to Alliance University into her name. It was further

alleged that she facilitated accused No.1 to use her bank accounts

in order to conceal the siphoned/misappropriated money from

Alliance University thereby attracted the provisions under Sections

2(1)(x)(y), 3 and 4 of the PMLA. Based upon the said complaint so

registered, the learned Special Judge takes cognizance of the

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offences against accused Nos. 1 to 6 for offences punishable under

Section 4 of the Act in terms of his order dated 17-03-2022 and

PCR was then registered as Special C.C.No.781 of 2022 on 22-03-

2022. It is the order of the Special Judge taking cognizance that

drives the petitioner to this Court in the subject petition.

3. Heard learned senior counsel Sri Murthy D.Naik along

with Sri Pavana Chandra Shetty, learned counsel appearing for the

petitioner and the learned counsel Sri Madhukar Deshpande

appearing for the respondent.

4. The learned senior counsel would contend that there is no

scheduled offence much less any offence which is pending against

the petitioner for invoking the provisions under the PMLA. The

ingredients necessary to constitute the offence under the Act are

not made out in the complaint against the petitioner. The order of

the Special Judge dated 17-03-2022 summoning the petitioner

and other accused is without application of judicial mind which is

the necessary ingredient of Section