UPENDRA RAI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(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. 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.