Appeal against PMLA proceedings allowed by the bench after noting the appellant's acquittal. The court directed filing of pending Lokayukta complaint and charge sheet copies.
Directed appellant to file copy of Lokayukta complaint and fair copy of charge within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-2898/BNG/2016 (Stay) MP- PMLA-2899/BNG/2016 (Exempt.) MP- PMLA-2900/BNG/2016 (COD) &FPA-PMLA-1542/BNG/2016
Sri Rajeshekhar … Applicant/Appellant MP- PMLA-2901/BNG/2016 (Stay) &FPA-PMLA-1543/BNG/2016 Sri Ananth Kumar … Applicant/Appellant
Versus The Joint Director Directorate of Enforcement, Bangalore … Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Shri S.K. Tandon, Advocate For the respondent : Shri Atul Tripathi, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN
ORDER 16.02.2018
FPA-PMLA-1542-1543/BNG/2016
The learned counsel for the appellant has submitted that the appellant has been acquitted by the Special Court and the said order has attained finality as no appeal filed by the state. It is also stated by him that the allegation made PMLA complaint filed by the respondent are same. There are no additional material recovered the by the respondent on any independent investigation carried out under the PMLA, 2002. Thus the appeals are liable to be allowed.
There is no denial on behalf of the respondent about the acquittal of the main appellant.
FPA-PMLA-1542-1543/BNG/2016
Page 1 of 2
Order reserved.
In the meanwhile, the appellant is directed to file the copy of the complaint filed by the Lokayukta. A copy of the complaint filed under PMLA which is pending against the appellant and fair copy of the charge filed against the appellant within three weeks from today.
(Justice Manmohan Singh) Chairman
New Delhi, 16th February, 2018. ‘K’
FPA-PMLA-1542-1543/BNG/2016
Page 2 of 2
1 issue framed by the court
Whether an appellant acquitted by a Special Court under PMLA should be allowed appeal when allegations remain identical.
1 provisions across 1 enactments
Sri Rajeshekhar
The Joint Director Directorate of Enforcement, Bangalore
MANMOHAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
