Case Note & Summary
The Deputy Director, Directorate of Enforcement (ED), filed a petition under Section 538 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 of the Criminal Procedure Code, challenging an order dated 18.03.2025 passed by the XIII Additional Special Court for CBI Cases, Chennai, which rejected the ED's application to transfer C.C.No.19 of 2014 (a PMLA case) to the Principal Sessions Judge, Special Court for PMLA cases. The respondents were Dr. P. Vijayan and V. Anitha, who were facing trial before the Principal Sessions Court for PMLA offences under Section 3 punishable under Section 4 of the PMLA. The ED sought transfer under Section 44(1)(c) of the PMLA, arguing that the PMLA case should be tried by the Special Court designated for PMLA cases. The trial court rejected the application, holding that it lacked jurisdiction to transfer the case. The High Court examined the scheme of Section 44 of the PMLA, which provides for establishment of Special Courts and transfer of cases. It noted that Section 44(1)(c) empowers a Special Court to transfer a case to another Special Court if it is not competent to try it. The court held that the Special Court for CBI cases, being a court of session, can exercise concurrent jurisdiction under the PMLA, but the transfer is permissible under Section 44(1)(c). The impugned order was set aside, and the case was transferred to the Principal Sessions Judge, Special Court for PMLA cases, Chennai. The court also held that the petition under Section 482 BNSS was maintainable as the PMLA does not provide a specific remedy against such orders.
Headnote
A) Criminal Procedure - Transfer of PMLA Case - Section 44(1)(c) Prevention of Money-Laundering Act, 2002 - Concurrent Jurisdiction - The issue was whether a PMLA case pending before a Special Court for CBI cases could be transferred to the Special Court for PMLA cases. The High Court held that Section 44(1)(c) of PMLA provides for transfer of cases from one Special Court to another, and the Special Court for CBI cases, being a court of session, can exercise concurrent jurisdiction. The impugned order rejecting the transfer was set aside, and the case was transferred to the Principal Sessions Judge, Special Court for PMLA cases. (Paras 1-19)
B) Criminal Procedure - Inherent Powers - Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 - Maintainability of Petition - The court held that a petition under Section 482 BNSS (old Section 482 CrPC) is maintainable to challenge an order under Section 44(1)(c) PMLA, as the PMLA does not provide a specific remedy against such orders. (Paras 1-19)
Issue of Consideration
Whether the trial of a PMLA case pending before a Special Court for CBI cases can be transferred to the Special Court for PMLA cases under Section 44(1)(c) of the PMLA, and whether the impugned order rejecting such transfer is sustainable.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 18.03.2025, and transferred C.C.No.19 of 2014 from the XIII Additional Special Court for CBI Cases, Chennai to the Principal Sessions Judge, Special Court for PMLA cases, Chennai.
Law Points
- Transfer of PMLA case from CBI Special Court to PMLA Special Court
- Section 44(1)(c) PMLA
- Concurrent jurisdiction of Special Courts
- Inherent powers under Section 482 CrPC
Case Details
Crl.O.P.No.8776 of 2025 and Crl.M.P.No.5762 of 2025
Manindra Mohan Shrivastava, Chief Justice, G.Arul Murugan, J.
Mr. Rajnish Pathiyil (Special Public Prosecutor for petitioner), Mr. B. Mohan (Special Public Prosecutor for CBI for R1), Mr. R. Sathish Kumar (for R2 and R3)
The Deputy Director, Directorate of Enforcement, Chennai Zonal Office
1. The Deputy Superintendent of Police, Central Bureau of Investigation, Anti Corruption Bureau, Chennai; 2. Dr. P. Vijayan; 3. V. Anitha
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Nature of Litigation
Criminal original petition challenging an order rejecting transfer of a PMLA case from a Special Court for CBI cases to a Special Court for PMLA cases.
Remedy Sought
The petitioner (ED) sought to set aside the order dated 18.03.2025 in Crl.MP.No.154 of 2025 in C.C.No.19 of 2014 passed by the XIII Additional Special Court for CBI Cases, Chennai, and to transfer the case to the Principal Sessions Judge, Chennai under Section 44(1)(c) of the PMLA.
Filing Reason
The trial court rejected the ED's application for transfer of the PMLA case to the Special Court for PMLA cases, leading to the present petition.
Previous Decisions
The XIII Additional Special Court for CBI Cases, Chennai, by order dated 18.03.2025, rejected the ED's application for transfer under Section 44(1)(c) PMLA.
Issues
Whether the trial court's order rejecting the transfer of a PMLA case from a Special Court for CBI cases to a Special Court for PMLA cases under Section 44(1)(c) PMLA is correct.
Whether a petition under Section 482 CrPC (now Section 538 BNSS) is maintainable to challenge an order under Section 44(1)(c) PMLA.
Submissions/Arguments
The petitioner (ED) argued that the PMLA case should be tried by the Special Court designated for PMLA cases, and Section 44(1)(c) PMLA empowers transfer of cases between Special Courts.
The respondents argued that the Special Court for CBI cases had jurisdiction to try the PMLA case and that the transfer application was not maintainable.
Ratio Decidendi
Section 44(1)(c) of the PMLA empowers a Special Court to transfer a case to another Special Court if it is not competent to try it. The Special Court for CBI cases, being a court of session, can exercise concurrent jurisdiction under the PMLA, but the transfer is permissible under Section 44(1)(c). The impugned order rejecting the transfer was set aside.
Judgment Excerpts
Calling into question the correctness of the order dated 18.3.2025 passed by the XIII Additional Special Judge for CBI Cases, Chennai, the unsuccessful complainant has preferred this original petition.
Cut to the chase, the facts run thus: The petitioner herein is the investigating agency, which, inter alia, enforces the Prevention of Money-Laundering Act, 2002 [the PMLA].
Procedural History
The ED filed an application (Crl.MP.No.154 of 2025) before the XIII Additional Special Court for CBI Cases, Chennai, seeking transfer of C.C.No.19 of 2014 to the Principal Sessions Judge, Special Court for PMLA cases. The trial court rejected the application on 18.03.2025. The ED then filed the present criminal original petition under Section 538 BNSS read with Section 482 CrPC before the High Court.
Acts & Sections
- Prevention of Money-Laundering Act, 2002: Section 3, Section 4, Section 44(1)(c)
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 538
- Criminal Procedure Code, 1973: Section 482
