Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7520 of 2021 Petitioner :- Madhav Prasad Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ratnesh Khare Counsel for Respondent :- G.A.,Sanjay Kumar Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard the learned counsel for the petitioner, learned A.G.A. for the State, Sri Sanjay Kumar Singh for the respondent no. 6 and perused the record.
The present writ petition is misconceived petition filed with following prayer;
"To issue a writ order or direction in the nature of mandamus directing the Director of Enforcement, Government of India, New Delhi to register a case of Prevention of Money Laundering and Fraud and conduct the necessary probe/investigation in the entire gambit of large scale fraud irregularities in pursuance of the letter of Reserve Bank of India dated 29.11.2019 committed by concerned respondents Praveen Kumar Srivastava, Viveknand and Brij Raj Singh as disclosed in the present writ petition."
From a perusal of the provision of the Money Laundering Act, 2002, as amended by the Amendment Act 2019, it is evident that the Special Court has been constituted for trial of the offences punishable under Section 4 of the Act, 2002.
The appropriate cause of action for the petitioner would be to lodge a complaint before the competent Court / Special Court. No writ to directing the Enforcement Directorate to initiate action under the Money Laundering Act, 2002 can be issued under Article 226 of the Constitution of India.
The writ petition is accordingly, dismissed.
Order Date :- 24.9.2021 Gss