LAWS(ALL)-2020-1-68

NEERAJ UPADHYAY Vs. U.O.I.

Decided On January 14, 2020
Neeraj Upadhyay Appellant
V/S
U.O.I. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants and Shri Shiv P. Shukla, learned Senior Counsel appearing for the respondent-Union of India.

(2.) This application has been filed for quashing of the order dated 18.06.2019 passed by Special Judge, PMLA/Sessions Judge, Lucknow in Complaint Case No. 9 of 2017 (Enforcement Directorate Vs. Neeraj Upadhyay and Ors.). A further prayer has been made to direct the Enforcement Directorate to comply with the provisions of Section 44(1)(c) of Prevention of Money Laundering Act, 2002.

(3.) In the F.I.R. bearing Case Crime No. RC 1 (A) of 2012 lodged by the C.B.I., a charge sheet was filed under Section 120-B read with Sections 420, 409 I.P.C. and Section 13(2) read with Section 31(1)(d) of P.C. Act. Thereafter, ECIR No. ECIR/05/PMLA/LZO/2012 was filed by the competent authority under the provisions of Prevention of Money Laundering Act, 2002, (hereinafter referred to as the ' PML Act'), which was registered as Complaint Case No. 9 of 2017, (Enforcement Directorate Vs. Neeraj Upadhyay and Ors.), on which, cognizance was taken by the court below vide impugned order dated 18.06.2019.