LAWS(ALL)-2025-5-118

BRAHMA PRAKASH SINGH Vs. STATE OF U. P.

Decided On May 26, 2025
BRAHMA PRAKASH SINGH Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Raj Vikram Singh, the learned counsel for the petitioner, Sri Anurag Verma, the learned AGA-I for the State, Sri Kuldeep Srivastava, the learned counsel for the respondent no. 2 - Directorate of Enforcement, Sri Shishir Jain, the learned counsel for the respondent no. 3 - Hon'ble High Court of Judicature at Allahabad through the Registrar General, and perused the records.

(2.) By means of the instant Writ Petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an order dtd. 11/4/2025 passed by the Special Judge, PMLA/Sessions Judge, Lucknow in Criminal Misc. Case No. 4665 of 2024, whereby an application filed by the petitioner under Sec. 448 of BNSS for transfer of Complaint Case No. 30/2018 titled Enforcement Directorate v. Brahma Prakash Singh, under Sec. 3/4 of Prevention of Money Laundering Act, 2002 from the Court of Special Judge, CBI (West)/Special Court PMLA to another Court, has been rejected.

(3.) Briefly stated, facts of the case are that while the petitioner was working as Managing Director in LACFEDD, he was convicted and sentenced to undergo 10 years' imprisonment for committing offences under Ss. 409, 420, 467, 468, 471, 120-B IPC and Sec. 7 Prevention of Corruption Act by means of a judgment and order dtd. 12/2/2015 passed by the Special Judge, Prevention of Corruption Act, Lucknow in Case No. 4/2012. The applicant has filed Criminal Appeal No. 203 of 2015 before this Court and he has been granted bail by means of an order dtd. 21/5/2015.