YADAV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Purnendu Chakravarty, learned counsel for the applicant, Sri Shiv P. Shukla, learned counsel for Union of India and perused the impugned order as well as material brought on record.

(2.) This 482 Crimial P.C. application has been filed by the applicant with the prayer to quash the impugned order dated 2.5.2017 passed by In-charge Sessions Judge, Lucknow in Bail Application No. 1930 of 2017, under Sec. 3/4 PMLA (Yadav Singh Vs. Enforcement Directorate), Complaint Case No.3501 of 2017 and pass necessary orders for release of the applicant.

(3.) Brief facts of the case are that the applicant who is involved in the present case was produced before the Special Judge, Prevention of Money Laundering Act, Lucknow (here-in-after referred to as the 'PMLA') on 27.2.2017, who sent the applicant in judicial custody for the offence under Sec. 3/4 of PMLA, 2002 and he was remanded to judicial custody. The investigation was being carried out by opp. party no.1, Directorate of Enforcement, Prevention of Money Laundering Act, opp. party no.1. The statutory period of filing the complaint by opp. party no.2 under Sec. 3/4 of PMLA, 2002 is 60 days which expired on 29.4.2017 and 30.4.2017 was Sunday and when the same was not filed on 1.5.2017, an application under Sec. 167(2) Crimial P.C. was filed by the applicant before the Special Judge, PMLA/Sessions Judge, Lucknow for releasing the applicant on bail under the provisions of Sec. 167(2) Crimial P.C., as he was ready to furnish bail bonds and abide by terms and conditions for bail. The said application was sent to the Court of Special Judge, C.B.I., Court No.2 as the In-charge Special Judge, PMLA/Sessions Judge, Lucknow was not present on 1.5.2017, the said application was presented by the Sessions Clerk before the Court of Special Judge, CBI, Court No.2 for its hearing and when the counsel for the applicant made his submissions for release of the applicant under Sec. 167(2) Crimial P.C., the Special Judge, C.B.I., Court No.2 did not pass any orders on the same but posted the matter for 2.5.2017 for hearing. On 2.5.2017, the matter was placed before the In-charge Special Judge, PMLA, Lucknow, i.e., Special Judge, C.B.I. (Ayodhya Matters), who called for a report from the office of Special Judge, PMLA/Sessions Judge, Lucknow on the application of the applicant and it was informed by the Sessions Clerk that a complaint has been filed against the applicant by opp. party no.1 on 2.5.2017 and the matter was posted for hearing at 2 P.M. The matter was taken up at 2 P.M. by Special Judge, CBI (Ayodhya Matters)/In-charge-Special Judge, PMLA, Lucknow who after hearing the learned counsel for the parties and observing that a complaint has been filed being Complaint Case No.3501 of 2017, rejected the application under Sec. 167(2) Crimial P.C. of the applicant by passing the impugned order, hence, the present 482 Crimial P.C. application has been filed by the applicant before this Court for quashing of the said impugned order.