Madhya Pradesh High Court
Dhanlakshmi Chemical Industries Thr. ... vs Directorate Of Enforcement (Dept. Of ... on 17 October, 2019
Author: Virender Singh
Bench: Virender Singh
CRR No.2085/2019
1
HIGH COURT OF MADHYA PRADESH: BENCH AT
INDORE
Division Bench: Hon'ble Shri Justice S.C Sharma &
Hon'ble Shri Justice Virender Singh
Criminal Revision No.2085/2019
Dhanlakshmi and Vijay Kothari
Vs.
Directorate of Enforcement
Shri Vivek Dalal, learned counsel for the petitioners.
Shri M.R Phadke, learned counsel for the respondent/State.
****************************************************
Whether approved for reporting: Yes/No
ORDER
(Delivered on 17/10/2019) Per : Virender Singh, J. :
With consent of the parties, heard finally.
1. The petitioners against whom the Enforcement Directorate (ED) has filed a compliant under section 3/4 of the Prevention of Money Laundering Act, 2002 (PMLA) and whose plea to discharge them has been dismissed vide order dated 05.03.2019 passed in Special Case no.47/2015 by Special Judge, PMLA, Indore are now before this Court for the same relief of discharge.
2. The sole ground for seeking discharge is that the predicate offence registered against them by Special Police Establishment (Lokayukt) under section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and section 120-B of the IPC has been quashed by this Court vide order dated 07.07.2017 passed in CRR No.1011/2016 and other connected matters and proceedings under PMLA can only be registered and proceeded further if there is a predicate offence and now as there is no predicate offence, they must be discharged in the proceedings initiated by the E.D. in the PMLA.CRR No.2085/2019 2
3. Reply of the respondent/ED shows that the investigation regarding money troll of the proceeds of crime is still going on. In such situation, it would not be apposite to throttle the proceedings at this stage on the ground taken by the petitioners.
4. In view of the aforesaid, without commenting on the merits of the case, we do not find it appropriate to accede the prayer of the petitioners, therefore, the petition stands dismissed.
5. However, liberty is granted to the petitioners to approach this Court again after completing of the investigation, if need so arises.
6. With the aforesaid liberty the petition stands dismissed and disposed off.
(S.C Sharma ) (Virender Singh)
Judge Judge
Digitally signed by SOURABH
YADAV
Date: 2019.10.18 12:54:09 +05'30'
sourabh