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CDJ 2025 Jhar HC 508
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| Court : High Court of Jharkhand |
| Case No : W.P.(Cr.) No. 652 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE SUJIT NARAYAN PRASAD |
| Parties : Amit Agarwal @ Vicky Bhalotia Versus Union of India, its Secretary Department of Revenue, Ministry of Finance, New Delhi & Others |
| Appearing Advocates : For the Petitioner: Shailesh Poddar, Advocate. For the Respondents: Zoheb Hossain, Amit Kumar Das, Saurav Kumar, Varun Girdhar, Kartik Sabharwal, Advocates. |
| Date of Judgment : 10-12-2025 |
| Head Note :- |
Constitution of India - Article 21 -
Comparative Citation:
2025 JHHC 37087, |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Prevention of Money Laundering Act, 2002
- Section 6 of the Prevention of Money Laundering Act, 2002
- Section 2(1)(a) of the Prevention of Money Laundering Act, 2002
- Prevention of Money‑laundering (Appointment and conditions of Service of Chairperson and members of Adjudicating Authorities) Rules, 2017
- Adjudicating Authority (Procedure) Regulations, 2013
2. Catch Words:
- Writ petition
- Adjudicating Authority
- Show cause notice
- Ultra vires
- Withdrawal
- Appeal
- Interim order
- Cost
3. Summary:
The petitioner filed a writ under Article 226 seeking the constitution of a proper Adjudicating Authority under the PMLA, a certiorari against a Show‑Cause Notice, and a declaration that proceedings without a correct coram are illegal. The Court directed the Enforcement Directorate to file a counter‑affidavit, which was done. On the next hearing, the petitioner’s counsel expressed a desire to withdraw the petition, citing the pending adjudicating authority’s decision in O.A. No. 155 of 2025. The respondent objected, seeking costs for alleged misuse of the writ. The Court allowed withdrawal of the writ, granting liberty to approach the appellate forum after the adjudicating authority’s final decision, vacated the interim order dated 25.09.2025, and disposed of pending interlocutory applications.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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1. The instant writ petition has been filed under Article 226 of the Constitution of India seeking therein for the following reliefs: -
a) Issue an appropriate Writ/order/direction inter alia directing the Respondent No.1 to constitute the ‘Adjudicating Authority’ under PMLA strictly in terms of the mandate of Section 6 thereof read with Prevention of Money-laundering (Appointment and conditions of Service of Chairperson and members of Adjudicating Authorities) Rules, 2017 and Adjudicating Authority (Procedure) Regulations, 2013;
b) Issue a writ of certiorari against the Show Cause Notice dated 19.06.2025, holding the same to be illegal and ultra vires as the same was passed without a coram under section 6(2) of the Prevention of Money Laundering Act, 2002 (‘PMLA’);
c) Issue a Writ of declaration that any proceedings by the Adjudicating Authority without a proper coram under Section 6(2) of Prevention of Money Laundering Act, 2002 (‘PMLA’) be declared illegal, ultra vires, unconstitutional, arbitrary and hold that a single member that too from outside the ‘field of law’ cannot be construed to constitute ‘Adjudicating Authority’ as contemplated under Section 2(1)(a) read with Section 6(2) thereof and such single member under no circumstances can act as its ‘Chairperson’;
d) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted, together with the cost of this petition.”
2. The matter was heard by the Coordinate Bench of this Court on 25.09.2025. The Coordinate Bench has directed the Enforcement Directorate to file counter affidavit within four weeks. Counter affidavit has already been filed and reply thereto, has also been filed.
3. The matter was listed on Board on 03.12.2025 but on that date, simplicitor adjournment was sought for on the ground of non- availability of Mr. Shailesh Poddar, learned counsel on record that he was engaged in the rituals after solemnization of marriage which has been solemnized on 29.11.2025.
4. This Court has made specific observation at paragraph-8 that since pleading is complete, as such, the matter will also be heard on merit for final adjudication of the issue and posted the matter for today, i.e., on 10.12.2025.
5. When the matter has been taken up today, Mr. Shailesh Poddar, learned counsel for the petitioner has submitted that he does not intend to press this writ petition.
6. Initially, the prayer has been made to withdraw this writ petition simplicitor but on serious objection made on behalf of the respondent-E.D. that heavy cost be imposed upon the petitioner in misusing the proceeding by filing writ petition under Article 226 of the Constitution of India that too, the interim order has also been passed on 25.09.2025 to the effect that adjudicating authority will not pass any final order in O.A. No.155 of 2025 till the next date.
7. It has been submitted that the adjudicating authority has been kept at hold by virtue of interim order dated 25.09.2025.
8. However, it has been submitted that even if, he wants to withdraw, then only liberty available to him depending upon the decision to be taken by the adjudicating authority to prefer an appeal, as provided under the statute.
9. Upon this, Mr. Shailesh Poddar, learned counsel for the petitioner has submitted that he may be allowed to withdraw this writ petition with a liberty to approach the appellate forum depending upon the decision to be taken by the adjudicating authority which is to be taken in O.A. No.155 of 2025.
10. Accordingly, the instant writ petition is dismissed as withdrawn with liberty to prefer an appeal depending upon the outcome of decision of adjudicating authority, which is yet to take final decision in O.A. No.155 of 2025.
11. Interim order dated 25.09.2025 stands vacated.
12. Pending interlocutory application(s), stands disposed of.
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