Bombay High Court
Directorate Of Enforcement vs Nirav Deepak Modi And Ors on 10 April, 2019
Author: Mridula Bhatkar
Bench: Mridula Bhatkar
Sherla V.
apl.126.2019_905.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.126 OF 2019
Vipul Chunilal Chitralia ... Applicant
Vs.
The State of Maharashtra & ors. ... Respondents
WITH
CRIMINAL APPLICATION NO.127 OF 2019
Hemant Bhatt ... Applicant
Vs.
The State of Maharashtra & ors. ... Respondents
with
CRIMINAL WRIT PETITION NO.5434 OF 2018
Enforcement Directorate ... Applicant
Vs.
Shri Nirav Deepak Modi & Ors. ... Respondents
Mr.Vijay Aggarwal i/b R.S. Agarwal for the Applicant
Mr.A.R. Patil, APP, for the Respondent - State
Mr.H.S. Venegaonkar for Petitioner in WP/5434/2018
Ms.Rebecca Gonsalves for Resp. No.3 in APL/126/2019 and
APL/127/2019
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: APRIL 10, 2019 Page 1 of 3 ::: Uploaded on - 11/04/2019 ::: Downloaded on - 12/04/2019 01:49:48 ::: apl.126.2019_905.doc P.C.:
1. Court No.51 of the City Civil and Sessions Court at Greater Mumbai is notified Court under section 3 of the Prevention of Corruption Act, known as CBI Court. Court No.16 is assigned all matters under Prevention of Money Laundering Act. There was an issue whether cases under Prevention of Corruption Act and Prevention of Money Laundering Act can be tried by one Court as each Court was notified under the respective Acts.
2. Now, I am informed that Court No.48 is designated Court for both the Acts i.e., Prevention of Corruption Act and Prevention of Money Laundering Act. The learned Principal District Judge of the City Civil and Sessions Court has not assigned the matters under the Prevention of Money Laundering Act to Court No.48. Thus, Prevention of Money Laundering Act and Prevention of Corruption Act, which is the subject matter of this Application i.e., CBI Special Case Nos.37 of 2018 and 38 of 2018 and the Cases under Prevention of Money Laundering Act i.e., 4 of 2018, 9 of 2018 and 3 of 2019 are to be tried and conducted by one Court which is the designated Court under both the Acts.
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apl.126.2019_905.doc
3. Accordingly, the Principal Judge of the City Civil & Sessions Court, Greater Mumbai is directed to assign these cases to a Judge who is having the powers as the Designated Judge under the Prevention of Money Laundering Act and also under the Prevention of Corruption Act, as per the convenience.
4. The Criminal Applications and the Writ Petition stand disposed of accordingly.
(MRIDULA BHATKAR, J.) Page 3 of 3 ::: Uploaded on - 11/04/2019 ::: Downloaded on - 12/04/2019 01:49:48 :::