2022 Supreme(Online)(Kar) 47792
KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SMT. PAVANA DIBBUR – Appellant
Versus
THE DIRECTORATE OF ENFORCEMENT – Respondent
CRL.P 3542/2022
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH 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, 5TH 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,
3RD 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