Disposed

Vipul Chunilal Chetalia v. the State of Maharashtra and Ors.

Bombay HC10 Apr 2019APL/126/2019

Case brief

AI extract

What is this about?

The High Court clarified that a single court can try cases under the Prevention of Corruption Act and the Prevention of Money Laundering Act. It directed the Principal Judge to assign specific cases to a designated judge competent under both Acts.

What did the court decide?

Direction to assign cases to a Judge with powers under both the Prevention of Corruption Act and the Prevention of Money Laundering Act.

Vipul Chunilal Chetalia Vs the State of Maharashtra and… — Banking and Recovery | Bombay HC (2019)

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Sherla V.

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apl.126.2019_905.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.126 OF 2019

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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

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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

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CORAM: Mrs.MRIDULA BHATKAR, J. DATED: APRIL 10, 2019

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Page 1 of 3

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apl.126.2019_905.doc

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P.C.:

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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.

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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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Page 2 of 3

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apl.126.2019_905.doc

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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.

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The Criminal Applications and the Writ Petition stand disposed of accordingly.

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(MRIDULA BHATKAR, J.)

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Page 3 of 3

Vipul Chunilal Chetalia v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Vipul Chunilal Chetalia v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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