TMI Blog2020 (2) TMI 1017X X X X Extracts X X X X X X X X Extracts X X X X ..... o jurisdiction to direct the agency to move any specific application while rejecting the application B-11 filed by the applicants with the prayer to issue necessary orders directing the Enforcement Directorate to comply the provisions of Section 44(1)(c) of the Act so as to give effect to the provisions in its true spirit. Application dismissed. - U/S 482/378/407 No. 5916 of 2019 - - - Dated:- 14-1-2020 - Hon'ble Rajeev Singh, J. For the Applicant : Purnendu Chakravarty,Anuuj Taandon For the Opposite Party : A.S.G.,Shiv P. Shukla,Shiv Pratap Shukla ORDER Heard learned counsel for the applicants and Shri Shiv P. Shukla, learned Senior Counsel appearing for the respondent-Union of India. This application has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nizance of the scheduled offence, is other than the Special Court, which has taken cognizance of the complaint of offence of money laundering, it shall, on an application by the authority authorized to file a complaint under the Act, commit the case relating to the scheduled offence to the Special Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage at which it is committed. Learned counsel for the applicants has further submitted that in the proceeding under the PML Act arising out of scheduled offence, i.e., F.I.R. bearing Case Crime No. RC 1 (A) of 2012 lodged by the C.B.I., charge sheet was filed under Section 120-B read with Sections 420, 409 I.P.C. and Section 32 read with Section 31 (d) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no. 1 filed a Criminal Case u/s 482 Cr.P.C. No. 508 of 2018 (Neeraj Upadhyay Vs. Union of India) before this Court. The said application was disposed of by a Division Bench of this Court vide order dated 13th February, 2018 with the observation that the court below had issued non-bailable warrants against the applicants vide order dated 29th January, 2018 and the applicant may move application before the court below through counsel and if any such application is moved, the same would be considered by the court below strictly in accordance with law. It was further directed by this Court that the parties before the court below shall be at liberty to make their statements taking all the pleas available. Till the decision on the said applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Complaint Case No. 9 of 2017 had been challenged by the applicant earlier also by means of Criminal Case u/s 482 Cr.P.C. No. 508 of 2018 (Neeraj Upadhyay Vs. Union of India). This Court vide order dated 13th February, 2018 disposed of the said application. Order dated 13th February, 2018 reads as under: Heard Shri S. C. Misra, learned Senior Advocate, assisted by Shri Purnendu Chakravarty, learned counsel appearing for the applicant and Shri Shiv P. Shukla, learned counsel representing the Enforcement Directorate. This petition filed under section 482 of the Code of Criminal Procedure makes two prayers. Firstly, it has been prayed that the proceedings of Complaint Case No.9/2017 filed by the Enforcement Directorate before the Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , stated that while granting bail, the learned judge has taken into consideration all the relevant factors and has, thus, enlarged the applicant on bail and accordingly, since the applicant is ready to face the trial in the offence under the Prevention of Money Laundering Act as well and has not defaulted in any manner in the trial pending in relation to the case relating to the scheduled offence, thus, the applicant may be permitted to furnish the personal bond, which may be accepted by the court concerned. Learned counsel representing the Enforcement Directorate has, however, submitted that the scheduled offence and the offence under Prevention of Money Laundering Act are mutually exclusive. Our attention was also drawn to an or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of Section 44 of the Act, which read as under: 44. Offence triable by Special Courts: (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) An offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the Special Court constituted for the area in which the offence has been committed. Provided that the Special Court, trying a scheduled offence before the commencement of this Act, shall continue to try such scheduled offence, or (b)---------- (c) If the court which has taken cognizance of the scheduled offence is other than the Special Court which has taken cognizance of the complaint of the off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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