Allowed

FPA-PMLA-946/IDR/2015 of Infra House Pvt. Ltd. v. The Deputy Director Directorate of Enforcement, Indore

ATFP27 May 2025FPA-PMLA-946/IDR/2015

Case brief

AI extract

What is this about?

The Appellate Tribunal allowed the appeal against the confirming order under the Prevention of Money Laundering Act, noting the discharge of the appellants and release of attached property by the Special Court following a prior quashing by the High Court and dismissal of challenges by the Supreme Court.

What did the court decide?

Appeal allowed; the confirming order is set aside.

FPA-PMLA-946/IDR/2015 of Infra House Pvt. Ltd. Versus The Deputy… — Money Laundering | ATFP (2025)

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APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI

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FPA-PMLA-946/IDR/2015

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Infra House Pvt. Ltd.

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... Appellant

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Versus

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The Deputy Director Directorate of Enforcement, Indore

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	: Counsel Appeared
For the Respondent	: Mr. Pankaj Pandey, Advocate
CORAM
SHRI BALESH KUMAR	: MEMBER

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FINAL ORDER 27.05.2025

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This Order disposes of the Appeal No. FPA-PMLA946/IDR/2015 against the Order dated 15.05.2015 (Impugned Order) passed by the Ld. Adjudicating Authority, the Prevention of Money Laundering Act (PMLA) in Original Complaint (OC) No. 398/2015. The Provisional Attachment Order (PAO) No. 04/2014-15 dated 19.12.2014 was confirmed vide the Impugned Order thereby confirming the Provisional Attachment of the immovable property comprising of 3.14 hectare of land in village Ninora, District Ujjain, valued at Rs. 1,64,13,000/-.

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2. Ld. Counsel for the Appellant stated that the Hon’ble High Court of Madhya Pradesh at Jabalpur quashed on 14.03.2023, in Miscellaneous Criminal Case No. 33356/2022, the FIR No. 498/2013. He further stated that the said Order was challenged by the Central Bureau of Investigation before the Hon’ble Supreme Court. In Special Leave to Appeal (CRL) No. 7723/2023 vide Order dated 03.11.2023, the Hon’ble

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FPA-PMLA-946/IDR/2015

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Page 1 of 3

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Supreme Court dismissed the SLP. One of the Complainant Shri Vishal Garg had also challenged the Order dated 14.03.2023 of the Hon’ble High Court of Madhya Pradesh at Jabalpur. The challenge made by Shri Vishal Garg was dismissed as withdrawn vide Order dated 21.08.2023 by the Apex Court.

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3. Ld. Counsel for the Appellant further argued that Application for discharge bearing No. 01/2023 u/s 227 of the CrPC was moved before the Ld. Special Court of PMLA in the Case No. 2092/2018. The Ld. Special Court on 30.11.2023 discharged the Appellant and other coaccused in the PMLA case as well as released the attached property. The Order has not been challenged further. He therefore prayed that the present Appeal may be allowed.

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4. Ld. Counsel for the Respondent conceded that there is nothing left against the Appellants in the present matter. 5. I have considered the rival submissions and the material on record. I find that the copy of the Order dated 14.03.2023 of the Hon’ble High Court of Madhya Pradesh at Jabalpur in Miscellaneous Criminal Case No. 33356/2022 is on record. The Order states:

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“ In such a state of the evidence, I have no hesitation to say that continuation of the prosecution of the petitioners is nothing but an abuse of the process of law, suffer with malice, and to secure the end of justice deserves to be and is quashed.”

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6. The aforementioned Order dated 03.11.2023 and 21.08.2023 of the Hon’ble Supreme Court are on record making it clear that the challenges by CBI and by Shri Vishal Garg have been dismissed. 7. The Order dated 30.11.2023 passed by the Ld. Special Judge, PMLA, Indore is also on record discharging the Appellants and releasing the attached property. No challenge against this Order has been brought to notice.

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FPA-PMLA-946/IDR/2015

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Page 2 of 3

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8. In view of the aforementioned, I therefore allow the Appeal No. FPA-PMLA-946/IDR/2015.

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(Balesh Kumar)

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Member

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New Delhi 27^th May, 2025

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‘PKV’

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FPA-PMLA-946/IDR/2015

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Page 3 of 3

FPA-PMLA-946/IDR/2015 of Infra House Pvt. Ltd. v. The Deputy Director Directorate of Enforcement, Indore

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FPA-PMLA-946/IDR/2015 of Infra House Pvt. Ltd. v. The Deputy Director Directorate of Enforcement, Indore

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