LAWS(ALL)-2025-4-40

DANISH KHAN Vs. STATE OF U.P.

Decided On April 21, 2025
DANISH KHAN Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Anuuj Taandon, the learned counsel for the applicant and Sri Kuldeep Srivastava, the learned counsel for the respondent-Directorate of Enforcement.

(2.) By means of the instant application filed under Sec. 528 BNSS, the applicant has challenged validity of an order dtd. 3/7/2024 passed by the Special Judge, Anti Corruption, CBI West/ ED, Lucknow in complaint No. 2/2025 whereby an application filed by the applicant for transferring the case from Special Judge under PMLA Act to the Court of Magistrate has been rejected.

(3.) On 28/3/2014 the Directorate of Enforcement filed complaint no. 1/2014 arising out of ECIR/15/PMLA/LZO/2012 in the Court of Session Judge, Lucknow. The aforesaid complaint has been filed against seven persons but the applicant has not been made an accused in the complaint. The complaint has been filed on the basis of scheduled offences regarding which FIRs No. 1/2011, 2/2011 and 3/2011 have been lodged by Anti Terrorist Squad (ATS), U.P. Police, Lucknow on 17/8/2011 at Police Station ATS for offences under Ss. 419, 420, 467, 468, 471, 120-B IPC in which the applicant is also an accused person.