Case Note & Summary
The petitioner, Amit Katyal, a promoter of M/s Krrish Realtech Pvt. Ltd., was involved in a real estate project in Gurugram. Several criminal cases were registered against the company and its directors for cheating homebuyers. The Enforcement Directorate registered ECIR/GNZO/04/2023 on 03.03.2023 based on six scheduled offences. The petitioner initially sought quashing of the prosecution complaint but later restricted the prayer to transfer of the PMLA case from Gurugram to Delhi. The Supreme Court, considering that the scheduled offences had been quashed or closed and that further evidence had surfaced leading to a new FIR, allowed the transfer to avoid multiplicity of proceedings and ensure a fair trial. The Court directed the transfer of the case from the Special Judge, PMLA, Gurugram to the Special Court under PMLA at Delhi.
Headnote
A) Criminal Procedure - Transfer of Case - Article 139A of the Constitution - PMLA Proceedings - Petitioner sought transfer of PMLA case from Gurugram to Delhi - Court allowed transfer on ground of convenience and pendency of related proceedings in Delhi - Held that transfer is warranted to avoid multiplicity and ensure fair trial (Paras 1-4).
Issue of Consideration
Whether the PMLA case pending before the Special Judge, PMLA, Gurugram should be transferred to the Special Court under PMLA at Delhi.
Final Decision
The Supreme Court allowed the transfer of the PMLA case from the Special Judge, PMLA, Gurugram to the Special Court under PMLA at Delhi.
Law Points
- Transfer of criminal cases under Article 139A
- PMLA proceedings
- quashing of ECIR
- scheduled offences
Case Details
2026 LawText (SC) (01) 184
Writ Petition(s)(Crl.) No(s).57/2026
Kapil Sibal, Anil Kaushik
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Nature of Litigation
Writ petition under Article 32 of the Constitution seeking transfer of PMLA case from Gurugram to Delhi.
Remedy Sought
Initially quashing of prosecution complaint, later restricted to transfer of PMLA case from Gurugram to Delhi.
Filing Reason
Petitioner sought transfer of PMLA case on grounds of convenience and pendency of related proceedings.
Issues
Whether the PMLA case should be transferred from Gurugram to Delhi.
Submissions/Arguments
Petitioner argued for transfer of PMLA case from Gurugram to Delhi.
Respondent opposed, citing further evidence of cheating surfaced during investigation.
Ratio Decidendi
Transfer of criminal cases under Article 139A is warranted to avoid multiplicity of proceedings and ensure fair trial, especially when related proceedings are pending in another court.
Judgment Excerpts
Though petitioner had prayed for quashing of Prosecution Complaint No. COMA/16/2025 dated 28.07.2025... Mr. Kapil Sibal, learned Senior Counsel during arguments restricted his prayer to transfer of the PMLA case from Gurugram to the Special Court under PMLA at Delhi.
The factual synopsis is as follows: (i) The Petitioner was a promoter of M/s Krrish Realtech Pvt. Ltd....
Procedural History
The petitioner filed a writ petition seeking quashing of the prosecution complaint. During arguments, the prayer was restricted to transfer of the PMLA case from Gurugram to Delhi. The Supreme Court allowed the transfer.
Acts & Sections
- Prevention of Money Laundering Act, 2002 (PMLA):
- Constitution of India: Article 139A
