Rajat Choudhury Vs Union of India (Enforcement Directorate) (Orissa High Court)
Summary: The Orissa High Court considered an application under Section 482 of the Code of Criminal Procedure, filed by Rajat Choudhury challenging the issuance of a non-bailable warrant (NBW) by the Special Court in Crl. Misc. (PMLA) Case No.34 of 2016. The Petitioner, a Power of Attorney Holder of M/s. Artha Tatwa Infra India Ltd., sought intervention against the order dated 13.11.2023 directing issuance of the NBW.
The case arose from a complaint registered under the Prevention of Money Laundering Act, 2002 against the Petitioner and eleven others. The prosecution alleged, among other things, that the Petitioner was instrumental in transferring property situated at Plot No.582 of Khata No.272/132 in Hatasahi Mouza, Bhubaneswar to M/s. Orisons Properties Pvt. Ltd. without payment of consideration. It was also alleged that a flat in Trishna Orchid Apartment, Bhubaneswar, standing in the name of the Petitioner’s wife, had been purchased from Chitta Ranjan Champatiray, who was stated to be the father-in-law of Srikrushna Padhi, an accountant of the AT Group of Companies and a close aide of Pradeep Kumar Sethy.
After investigation, a charge-sheet was filed and cognizance was taken under Section 3 read with Section 70(1) and (2) of the PMLA, punishable under Section 4. The Petitioner had earlier sought exemption from personal appearance under Section 205 Cr.P.C., but the application was rejected by the Trial Court. The rejection was challenged before the High Court in CRLMC No.3008 of 2019. The Petitioner had also pursued anticipatory bail proceedings. His earlier ABLAPL No.14928 of 2021 was disposed of on 01.03.2023 on the ground that the application was not maintainable.
