M/S Jagati Publications Ltd., v. Directorate Of Enforcement Rep By Spl Pp For Ed

THE HONOURABLE SRI JUSTICE RAJA ELANGO TRANSFER CRIMINAL PETITION Nos.107 & 108 OF 2016 COMMON ORDER:

These Transfer Criminal Petitions, under Section 407 of the Code of Criminal Procedure, 1973, are filed to withdraw S.C.No.106 of 2015 from the file of the Metropolitan Sessions Judge - cum - Special Court under the Prevention of Money Laundering Act, 2002, Nampally, Hyderabad and transfer the same to the Court of the Principal Special Judge for C.B.I. Cases, City Criminal Court, Nampally, Hyderabad - cum - Special Court under the Prevention of Money Laundering Act, 2002.

2. Since the issue involved in both the petitions is one and the same, they are being disposed of by way of this common order.

3. Learned Special Public Prosecutor for Directorate of Enforcement appearing for the respondent filed counter that in view of the provisions of the Prevention of Money Laundering Act, 2002, the prayer of the petitioners can be considered favourably.

4. Heard and perused the material available on record.

5. Considering the facts and circumstances of the case, these Transfer Criminal Petitions are allowed by withdrawing S.C.No.106 of 2015 from the file of the Metropolitan Sessions Judge - cum - Special Court under the Prevention of Money Laundering Act, 2002, Nampally, Hyderabad and transferring the same to the Court of the Principal Special Judge for C.B.I. Cases, City Criminal Court, Nampally, Hyderabad - cum - Special Court under the Prevention of Money Laundering Act, 2002.

6. Learned Special Public Prosecutor requested this Court to direct

the Court below to try S.C.No.106 of 2015 along with C.C.No.9 of 2012 pending on the file of the Principal Special Judge for C.B.I. Cases, City Criminal Court, Nampally, Hyderabad. This Court is of the view that such an order cannot be passed in the present petitions. If the respondent so desires, he can file an application before the Court below and the same can be decided in accordance with law.

7. Miscellaneous Petitions pending, if any, in these Transfer Criminal Petitions shall stand closed.

_________________________ JUSTICE RAJA ELANGO 11.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

TRANSFER CRIMINAL PETITION Nos.107 & 108 OF 2016 Date: 11.4.2016 AMD