Karnataka High Court Quashes PMLA Case Against Former Chancellor Of Alliance University
The Karnataka High Court has quashed a case registered by the Enforcement Directorate against Former Chancellor of Alliance University, Dr Madhukar G Angur initiated under provisions of the Prevention of Money Laundering Act, 2002 (PMLA).A single judge bench of Justice S Vishwajith Shetty quashed the case taking note of the Apex court judgment in the case of Pavana Dibbur vs The Directorate...
The Karnataka High Court has quashed a case registered by the Enforcement Directorate against Former Chancellor of Alliance University, Dr Madhukar G Angur initiated under provisions of the Prevention of Money Laundering Act, 2002 (PMLA).
A single judge bench of Justice S Vishwajith Shetty quashed the case taking note of the Apex court judgment in the case of Pavana Dibbur vs The Directorate of Enforcement, CRL.P NO.13205 OF 2023.
It clarified that the respondent is at liberty to file necessary application, seeking revival of the petition in the event, if the Review Petition filed by the respondent before the Supreme Court is allowed.
The Apex court in the said judgment has held that the offence under Section 120-B of Indian Penal Code will become a scheduled offence only if the criminal conspiracy alleged is of committing an offence which is specifically included in the Schedule.
The petitioner argued that in the present case, the offences other than Section 120-B of Indian Penal Code are not included in the schedule of the PMLA and therefore, the proceedings under the PMLA cannot be continued. The accused was charged under Section 3 and 4 of the PML Act.
The counsel for respondents did not seriously dispute the said submission of the counsel appearing for the petitioner. However, it was submitted that a review petition is filed before the Supreme Court, seeking review of the judgment passed in the Pavana Dibbur case.
The bench said “Perusal of the material on record would go to show that, in the present case except the offence under Section 120- B of Indian Penal Code, the other alleged offences are not scheduled offences under the PML Act. Therefore, in view of the judgment rendered by Hon'ble Supreme Court in the case of PAVANA DIBBUR (supra), the impugned proceedings cannot be sustained.”
Accordingly it quashed the case.
Appearance: Advocate Ashima Mandla for Petitioner.
Advocate Madhukar Deshpande for Respondent.
Citation No: 2024 LiveLaw (Kar) 136
Case Title: Dr Madhukar G Angur AND Directorate of Enforcement.
Case No: CRIMINAL PETITION NO.13205 OF 2023