W. P. (CRL.) 1923 of 2020

Page 1 of 35

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Judgment delivered on 13.05.2021

+

W. P. (CRL.) 1923/2020

UPENDRA RAI

..... Petitioner

Versus

CENTRAL BUREAU OF INVESTIGATION

& ANR.

..... Respondents

Advocates who appeared in this case:

For the Petitioner :

Mr Arjun Dewan, Mr Arjun Mukherjee and

Mr Shahryar Khan, Advocates.

For the Respondents:

Mr Nikhil Goel, SPP for CBI.

Mr SV Raju, ASG and Mr Amit Mahajan,

CGSC with Ms Sarica Raju, Mr A.

Venkatesh, Mr Guntur Pramod Kumar and

Mr Kritagya Kumar Kait, Advocates for R-2.

CORAM

HON’BLE MR JUSTICE VIBHU BAKHRU

JUDGMENT

VIBHU BAKHRU, J

1.

The Petitioner has filed the present petition impugning an order

dated 05.10.2020 (hereinafter ‗the impugned order‘) passed by the

Special Judge (PC Act), Rouse Avenue District Courts in CC No.

42/2019. By the impugned order, the learned Special Judge has

directed transfer of the trial of CC No. 42/2019 arising out of RC No.

2021:DHC:1589

W. P. (CRL.) 1923 of 2020

Page 2 of 35

217/2018/A/0004/CBI, to the Special Court (PMLA) at the Patiala

House Courts Complex.

2.

The Petitioner contends that since the Special Court (PMLA) is

not empowered to try cases for offences under the Prevention of

Corruption Act, 1988 (hereinafter the ‗PC Act‘), the impugned order

transferring the case to such a court, which does not have the

jurisdiction to decide it, is patently erroneous and is liable to be set

aside.

3.

The controversy in the present case arises in the following

factual context.

4.

Respondent No. 1 (hereafter ‗CBI‘) registered two FIRs against

the Petitioner herein. The first bearing RC No. 217/2018/A/0003 dated

01.05.2018 under Sections 420/120B of the Indian Penal Code, 1860

(hereafter ‗IPC‘) and Section 13(2) read with Section 13(1)(d) of the

PC Act. The second bearing RC No. 217/2018/A/0004 dated

05.05.2018 registered under Sections 348/120 of the IPC and Section

8 of the PC Act. On the basis of these FIRs, Respondent No. 2

(hereinafter the ‗ED‘) registered a common Enforcement Case

Information Report bearing no. 03/HIU/2018 dated 09.05.2018.

5.

On 31.07.2018, CBI filed the Final Report under Section 173 of

the Criminal Procedure Code, 1973 (hereafter ‗Cr.PC‘), in respect of

RC No. 217/2018/A/0003. Subsequently, proceedings under Sections

13(2) and 13(1)(d) of the PC Act against the Petitioner were dropped

for want of sanction for prosecution by the Competent Authority. The

2021:DHC:1589

W. P. (CRL.) 1923 of 2020

Page 3 of 35

case was, thereafter, transferred to the learned Chief Metropolitan

Magistrate (CMM), Rouse Avenue Courts as the offences punishable

under the PC Act were dropped. Thereafter, the ED filed a Prosecution

Complaint dated 06.08.2018 under Section 45 of the Prevention of

Money Laundering Act, 2002 (hereinafter the ‗PMLA‘) before the

Special Court (PMLA), Patiala House Courts. The ED also filed a

Supplementary Complaint dated 26.10.2018. The learned Special

Court (PMLA) has taken cognizance of the said complaints.

6.

On 04.02.2019, the ED filed an application under Section

44(1)(c) of the PMLA before the CMM, Rouse Avenue Courts

seeking a transfer of the proceedings emanating out of FIR bearing RC

No. 217/2018/A/0003 dated 01.05.2018, from the said court to the

court of the ASJ/Special Court, PMLA. The said application was

allowed by an order dated 16.08.2019. The Petitioner challenged the

said order by way of a Revision Petition before the Special Judge, PC

Act, Rouse Avenue Courts. The said petition was dismissed by an

order dated 01.02.2020.

7.

CBI completed the investigation in FIR bearing RC No.

217/2018/A/0004 dated 05.05.2018 under Sections 348/120 of the IPC

and Section 8 of the PC Act (hereafter ‗FIR in question‘) and filed a

chargesheet on 06.08.2018. Thereafter, CBI filed a supplementary

chargesheet on 27.07.2020.

8.

On 14.09.2020,