DIRECTORATE OF ENFORCEMENT THROUGH ITS JOINT DIRECTOR SHRI SUBHASH AGARWAL Vs. SHRI MOHAMMED FAHAD HAI ALIAS MOHAMMED K.

JUDGEMENT

(1.) THE learned Principal City Civil and Sessions Judge at Bangalore has dismissed the application filed by petitioner (the Directorate of Enforcement) for transfer of S.C. No. 81/2007, pending on the file of III Addl. District and Sessions Court at Mysore to Special Judge notified for trying offences under the provisions of the Prevention of Money Laundering Act, 2002 (for short, 'the Act'). The learned Principal City Civil and Sessions Judge at Bangalore having regard to the scope of the Act and Section 408 Cr.P.C., has held that transfer of case from Court of III Addl. District and Sessions Court at Mysore cannot be transferred to the Court of Special Judge at Bangalore under the provisions of section 44(1)(a) of the Act. The learned Principal City Civil and Sessions Judge at Bangalore has held that petitioner should have approached this court under section 407 Cr.P.C. I have heard learned counsel for petitioner.

(2.) THE learned counsel for petitioner would submit that. section 44(1)(c) of the Act has been amended by Act No. 2/2013. The learned Principal City Civil and Sessions Judge at Bangalore has dismissed the application by considering the procedural aspects. The learned Principal City Civil and Sessions Judge at Bangalore has not considered the substantive provisions of the Act to record a finding whether case in S.C. No. 81/2007, pending before III Addl. District and Sessions Court at Mysore, can be tried along with Special C.C. No. 289/2010, pending on the file of Special Court at Bangalore.

(3.) IN view of submission made by learned counsel for petitioner, it is not necessary for me to decide the application filed under section 44(1)(c) of the Act. It is also not necessary to record a finding whether case pending in S.C. No. 81/2007 for offences punishable under sections 307, 332 r/w 34 IPC and for an offence punishable under section 14 of the Foreigners Act, 1946 should be tried along with Special C.C. No. 289/2010 pending trial for an offence punishable under section 4 of the Act. The revision petition is dismissed. The petitioner is at liberty to make a fresh application as is permissible by law.