RAKESH KUMAR MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant over this Transfer Application, moved under Section 407 of Code of Criminal Procedure, 1973 (hereinafter, in short, referred to as the 'Cr.P.C.'), by the applicant, Rakesh Kumar Mishra @ Laddu Baba, with a prayer for transferring Criminal Complaint Case No. 1/2016 (Assistant Director, Director of Enforcement Govt. of India, Allahabad Zone vs. Rakesh Mishra & Ors.), under Section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter, in short, referred to as the 'PML Act'), for offence, under Section 3 and, punishable, under Section 4 of the PML Act, arising out of Enforcement Case Information Report No. ECIR/02/VSI/2010, from the court of Sessions/District Judge, Allahabad, designated as Special PML Act Court to the Court of Special Judge, Antic Corruption (Central), C.B.I. Cases at Lucknow or to the Court of Sessions Judge, Lucknow, designated as Special Court, under the PML Act.

(2.) Learned counsel for the applicant argued that entire transaction of alleged withdrawal of cash by way of fraud and fraudulent cheques has been accused to have occurred at Lucknow and the Sessions Judge is a Designated Special Court, for conducting trial, under the above Act for such type of offences. Besides this, case arising out of same transaction, is pending before the court of CBI Judge, at Lucknow and the accused-applicant, being behind the bar since last three years, and two cases are running at two different places, one at Lucknow and the other at Allahabad, hence, is not in a position to get a fair trial, under above circumstances. Therefore, this case be also transferred to Lucknow in the court of Special Judge, Anti Corruption (Central), CBI Cases, Lucknow, where Case No. 3 of 2009, (State by C.B.I. vs. Paras Nath Verma & others), is pending or to the Court of learned Sessions Judge/District Judge (Special Designated Court, under PML Act), at Lucknow or to pass any further order, which this Court deems fit and proper in the facts and circumstances of the case.

(3.) Learned counsel for the respondent-Directorate of Enforcement, Government of India, has vehemently opposed the Transfer Application on the pretext that this Court is not having jurisdiction to entertain this Transfer Application because the matter is arising out of Anti Corruption Cases of Enforcement Directorate and for this Court No. 65 is competent Court where this case may be taken up. His next argument was that the CBI is a Police Organisation, which conducts criminal investigation in criminal cases, arising out of criminal activities of accused persons for which Special Court of CBI at Lucknow is conducting trial for the chargesheet, filed by the CBI, over which cognizance was taken, whereas, Enforcement Directorate is concerned with financial irregularities and money laundering cases for which complaint cases by the Enforcement Directorate has been filed, which is pending before the Special Designated court, under the Prevention of Money Laundering Act, at Allahabad, which happens to be the Court of Sessions Judge, Allahabad, having jurisdiction over the matter. This Application has been moved, with a prayer for transferring present case, pending at Allahabd to CBI court at Lucknow, just to intermingle facts and hamper the trial because the CBI court, at Lucknow, is having no concern with the present matter, under Prevention of Money Laundering Act, though alternate relief is for transferring this case to the court of Sessions Judge, Lucknow, which is a designated court, under the Prevention of Money Laundering Act, whereas, the territorial jurisdiction regarding offence, alleged to have been reported by North Eastern Railway, Gorakhpur, from whom complaint was initiated of fraud, coupled with money laundering, was committed, was of Special Designated Court, under the Prevention of Money Laundering Act, at Allahabad, over the matter and as such the case cannot be transferred to Lucknow. Thus, this Transfer Application, being without any ground, be rejected.