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2025 DAILYLAW 153833 (ALL)

BABU SINGH KUSHWAHA v. DIRECTORATE OF ENFORCEMENT, LUCKNOW ZONAL OFFICE, LUCKNOW

A227/4457/2025 · 2025-07-29

Rajesh Singh Chauhan

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43792 Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 4457 of 2025 Petitioner :- Babu Singh Kushwaha Respondent :- Directorate Of Enforcement, Lucknow Zonal Office, Lucknow Counsel for Petitioner :- Amit Chaudhary,Mukteshwar Mishra Counsel for Respondent :- Kuldeep Srivastava Hon'ble Rajesh Singh Chauhan,J. 1. Heard SriAmit Chaudhary, learned counsel for the applicants and Sri Kuldeep Srivastava, the learned counsel for the respondent-Directorate of Enforcement. 2. By means of the instant application filed under Article 227, the applicants have sought transfer of Session Case No. 2790/2022 titled "Directorate of Enforcement v. M/s Anod Plasma Spray Pvt. Ltd. and Others" pending before the court of Special Judge, PMLA/ Session Judge, Lucknow to the court of Special Judge, Anti Corruption, CBI, Ghaziabad (designated as a Special Court under Section 43 of the Prevention of Money Laundering Act, 2002). 3. At the outset the learned counsel for the applicants has stated that a prayer made for consolidation of some cases pending before the Special Judge, Anti-Corruption, C.B.I., Ghaziabad and complaints under Prevention of Money Laundering Act pending before the Special Judge, PMLA, U.P. was rejected by a Division Bench of this Court. The rejection order was challenged before the Hon'ble Supreme Court by filing SLP (Crl.) No. 9502/2019. During hearing of the aforesaid SLP, the learned Additional Solicitor General of India made a statement before the Hon'ble Supreme Court that he has no objection if the proceedings under Prevention of Corruption Act and the Prevention of Money Laundering Act are tried by the same court. The Hon'ble Supreme Court decided the aforesaid SLP (Crl.) by means of an order dated 06.08.2024 whereby the complaint cases pending before the Special Judge, PMLA, Lucknow has been transferred to the court of Special Judge, Anti Corruption, CBI, Ghaziabad. 4. The learned counsel for the respondent-Directorate of Enforcement has admitted that the present case is similar to the cases transferred by the Hon'ble Supreme Court. 5. Keeping in view the aforesaid facts, the instant transfer application is allowed. 6. It is ordered that Session Case No. 2790/2022 titled "Directorate of Enforcement v. M/s Anod Plasma Spray Pvt. Ltd. and others" pending before the court of learned Special Judge, PMLA/ Session Judge, Lucknow shall stand transferred to the court of learned Special Judge, Anti Corruption, CBI, Ghaziabad. Order Date :- 29.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench