CENTRAL BANK OF INDIA Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) THIS revision under Section 397 read with Section 401 of the Cr.P.C. has been filed against the order dated 13.05.2014 passed by Sessions Judge, Indore in Special Case No.32/2013, whereby rejected the application under Section 453 of the Cr.P.C.

(2.) Brief facts of the case are that the applicant made a complaint against the Non-applicant Nos.2 and 3 and on that basis Police Station Kotwali, Mhow, District Indore registered Crime No.436/2011 under Sections 409, 420, 467, 468 and 471/34 of IPC. The matter was handed over to the Non-applicant No.1 for investigation. The Non-applicant No.1 thereupon registered a case against the Non-applicant Nos.2 and 3 under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 [for short "the Act"]. During investigation, the Non-applicant No.1 seized movable and immovable properties including Rs.2,55,82,159-00 in cash, found in possession of the Non- applicant Nos.2 and 3. Thereafter filed the complaint against them under Section 3 read with Section 4 of the Act, which was registered as Special Case No.32/2013. The applicant filed an application under Section 453 of the Cr.P.C. that the applicant is entitled to the possession of the cash amount of Rs.2,55,82,159-00, hence it be delivered to him. Learned Sessions Judge vide order dated 13.05.2014 dismissed the application for want of jurisdiction. Being aggrieved, the applicant has filed this revision.

(3.) No body appeared on behalf of the Non- applicants.