THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO TRANSFER CRIMINAL PETITION No.21 of 2018

ORDER:

This transfer criminal petition has been filed under Section

407 read with 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by the petitioner seeking to transfer C.C.No.22 of 2013 from the file the III Additional Special Judge for CBI Cases, Hyderabad, to the designated Special Court under PMLA/the Metropolitan Sessions Judge, Hyderabad.

2. Heard Mr. V. Ramakrishna Reddy, learned counsel for the petitioner appearing through video conference and Mr. T. Srujan Kumar Reddy, learned Special Public Prosecutor for CBI for respondent No.1. In spite of service of notice, respondent Nos.2 and 3 have not chosen to enter appearance.

3. Learned counsel for the petitioner submitted that in view of specific bar under Section 42(1) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to, as the ‘PMLA Act’), jurisdiction to adjudicate the PMLA Act cases. Hence, the case has to be transferred to the Special Court under PMLA/

Metropolitan Sessions Judge, Hyderabad.

4. Per contra, learned counsel for respondent No.1 submitted that the Ministry of Finance (Department of Revenue) issued notification on 05.05.2017 notifying that the Court of Principal Special Judge for trial of CBI cases, Hyderabad, is also entitled to adjudicate the proceedings under the PMLA Act. He further submitted that in C.C.No.22 of 2013, ten (10) prosecution witnesses were examined and twenty four (24) exhibits were also marked by the III Additional Special Judge for C.B.I. Cases, Hyderabad. By virtue of the notification dated 05.05.2017, the III Additional Special Judge for C.B.I. Cases, Hyderabad, is having jurisdiction to adjudicate the proceedings including PMLA Act cases. Learned counsel placed a copy of the notification dated 05.05.2017 duly furnishing the same to the learned counsel for the petitioner.

5. Having considered the rival submissions made by the respective parties and after perusal of material available on record, it reveals that there is no dispute with regard to the submission made by the learned counsel for petitioner that the III conduct the proceedings under the provisions of the PMLA Act, however, by virtue of the notification dated 05.05.2017 issued by the Ministry of Finance, the Principal Special Judge for trial of C.B.I. Cases, Hyderabad, is also having power to adjudicate the PMLA Cases.

6. In view of the same, this Court is of the considered view that C.C.No.22 of 2013 pending on the file of III Additional Special Judge for C.B.I. Cases, Hyderabad, is having power to adjudicate the proceedings under the provisions of the PMLA Act and this Court is not inclined to transfer the said C.C.

7. Accordingly, the transfer criminal petition is dismissed. It is made clear that the petitioner is entitled to proceed with the matter before the concerned Court.

Miscellaneous applications, pending if any, shall stand closed.

_______________________ J. SREENIVAS RAO, J Date: 12.06.2025 mar