Madras High Court
Hamsa Venugopalan vs Directorate Of Enforcement on 16 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
Crl.O.P.No.17205 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
Crl.O.P.No.17205 of 2025
and Crl.M.P.No.10889 of 2025
1.Hamsa Venugopalan
2.M/s.Universal Engineers Chennai Pvt. Ltd.
Rep. by its Director
Smt.Hamsa Venugopalan ... Petitioners
Vs.
Directorate of Enforcement
Rep. by its Assistant Director
No.2 & 5th and 6th floor
BSNL Administrative Building
Nungambakkam
Chennai 600 034 ... Respondent
Prayer: Petition filed under Section 528 of BNSS, 2023 r/w Section 482
of the Cr.P.C, to set aside the order dated 29.04.2025 passed by the
learned XIV Additional Special Judge for CBI Cases, Chennai, rejecting
the contentions of the petitioners and consequently direct the deferment
of arguments on framing of charge in Spl.C.C.No.6 of 2024, on the file of
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Crl.O.P.No.17205 of 2025
learned XIV Additional Special Judge for CBI Cases, Chennai, till
further investigation is completed.
For Petitioners : Mr.B.Kumar
Senior Counsel
For Respondent : Mr.N.Ramesh
Special Public Prosecutor (E.D.)
ORDER
M.S.RAMESH, J.
AND
V.LAKSHMINARAYANAN, J.
The Special Court vide impugned order dated 29.04.2025, in
Special C.C.No.6 of 2024, had rejected the plea of the petitioners herein
by holding that the charges can be framed only after completion of
further investigation. While holding so, the Special Court had
predominantly relied upon the judgment of the High Court of Delhi at
New Delhi in the case of Sanjay Aggarwal Vs. Directorate of
Enforcement dated 11.11.2024 [2024 SCC Online Del. 8002].
2.It is now brought to the notice of this Court that the Special
Leave Petition against the decision of High Court of Delhi in Sanjay
Aggarwal Vs. Directorate of Enforcement, has now been stayed by the
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Hon'ble Supreme Court through an order passed in Spl.Leave Petition
(Crl) Diary No.59099 of 2024, dated 31.01.2025, in the following
manner:
"1. ...
2. Learned counsel for the petitioner submits that
except the order at page No.103 of the paper book, there is no
other order which can be said to be an order taking
cognizance.
3.A perusal of the order at page No.163, in our view,
cannot be considered to be an order taking cognizance.
3.It appears that the order of interim stay has not been brought to
the notice of the Special Court. In this view of the matter, we deem it
appropriate to remit back the matter to the Special Court for
reconsideration.
4.Accordingly, the impugned order dated 29.04.2025 passed by the
learned XIV Additional Special Judge for CBI Cases, Chennai, is set
aside and the case is remitted back to the Additional Special Judge for
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CBI Cases, Chennai, for reconsideration. The Special Court shall
endeavour to pass final orders in the petitioners' application as
expeditiously as possible, in any event within a period of one (1) month.
5.This Criminal Original Petition stands disposed of accordingly.
Consequently, connected miscellaneous petition is closed.
[M.S.R, J.] [V.L.N, J.]
16.06.2025
kas
Index: Yes/No
Neutral Citation
To.
1.The Additional Special Judge for CBI Cases
Chennai
2.Directorate of Enforcement
Rep. by its Assistant Director
No.2 & 5th and 6th floor
BSNL Administrative Building
Nungambakkam
Chennai 600 034
M.S.RAMESH, J.
AND
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V.LAKSHMINARAYANAN, J.
kas
16.06.2025
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