PAVANA DIBBUR Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The respondent-the Directorate of Enforcement (for short, 'ED'), filed a complaint under the second proviso to Sec. 45(1) of the Prevention of Money Laundering Act, 2002 (for short, 'the PMLA') before the Special Court for PMLA Cases at Bengaluru. The appellant-Pavana Dibbur was shown as accused no.6 in the said complaint. By the order dtd. 17/3/2022, the Special Court took cognisance of the said complaint. The appellant filed a petition before the High Court of Karnataka at Bengaluru under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.PC') seeking the relief of quashing of the said complaint. By the impugned judgment and order dtd. 27/9/2022, the petition for quashing the complaint has been dismissed.

(2.) In the year 2011, Alliance Business School (for short, 'ABS') purchased a property bearing Khata no.37/22 at Gollahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru for the consideration of Rs.13.05 crores. The area of the said property is approximately five acres. For the sake of convenience, we are describing the said property as 'the First Property'. On 1/7/2013, the appellant purchased the first property from ABS by a registered sale deed for a consideration of Rs.13.5 crores. The accused no.1-Madhukar Angur, purchased a property measuring 4 acres and 0.4 Guntas bearing survey nos.61, 62 and 63 at Karpur Village, Kasaba Hobli, Anekal Taluk, Bengaluru. For the sake of convenience, we are describing this property as 'the Second Property'. The appellant purchased the second property by a registered sale deed on 29/6/2019 for a consideration of Rs.2.47 crores from accused no.1-Madhukar Angur.

(3.) For a period of five years, i.e. from 2010 to 2015, the appellant's husband-Dr Ayyappa Dore, was the Vice-Chancellor of the Alliance University. The appellant also acted as the Vice-Chancellor of the Alliance University for a brief period. On 11/11/2017, a First Information Report (FIR) was registered on the complaint of the Registrar of the Alliance University against accused no.1-Madhukar Angur, alleging that he collected a sum of Rs.107.00 crores from the students by claiming himself as the Chancellor of the Alliance University. The allegation was that he collected the said amount between January 2017 and November 2017, which was deposited in the account of Srivari Education Services. Subsequently, crores of rupees were transferred to the account of the accused no.1.