TRANSFER of all Criminal Cases in matter of City limouzines (India) ltd & City Realcom ltd, from different States Pending at different police stations and EOW’s against Mr. Sayeed Mohd Masood and other directors of City limouzines (India) ltd & City Realcom ltd, transferred to the Court of Principal Sessions Judge, PMLA Special Court, Bombay City & Civil Sessions Court Greater Mumbai

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

CRLMP. 3182-3197/2015 & 3198-3213/2015 IN &

TRANSFER PETITION(S)(CRIMINAL) NO(S).425-440/2014

SAYEED MOHD. MASOOD @ SAYYED M. MASUD      --- Petitioner(s)/

Applicant(s)

VERSUS

STATE OF MAHARASHTRA AND ORS                           ---Respondent(s)

O R D E R

Crl. M. P. Nos.3198-3213/2015 (Applications for impleadment) are allowed.

Heard the parties.

Having regard to the stand of the respondent No.1/State of Maharashtra and Respondent No.5/Directorate of Enforcement and taking note of the fact that in all the pending cases, which are pending in different States, namely, Maharashtra, Karnataka, Tamil Nadu, Andhra Pradesh and Rajasthan and New Delhi, where the petitioner is facing trial in numerous cases, we notice that the parties are in ad idem that all cases pending in the States other than Mumbai can be consolidated and transferred to the Court of Principal Sessions Judge, PMLA Special Court, Bombay City & Civil Sessions Court, Greater Mumbai.

We are also of the view that having regard to the nature of charges levelled against the petitioner in the PMLA case pending in Mumbai as well as the other cases lodged under various other special Acts as well as offences under I.P.C., these all can be grouped together which would enable the prosecuting authorities, the witnesses as well as the Court to appreciate the evidence and decide the cases in one go or otherwise it will create serious impediment for the Courts, as well as, to the prosecuting agencies and the accused to go from one Court to other Court for the purpose of recording evidence, production of documents, witnesses and other material evidences.

We are, therefore, of the view that the prayer of the petitioner with which the respondents, especially the Directorate of Enforcement as well as the State Government expressed their agreement for transfer and grouping of the cases pending in different States can be acceded to so that on transfer all the cases be tried along with PMLA Case No.ECIR/65/MZO/20 dated 30.10.2009 pending before Principal Sessions Judge, PMLA Special Court, Bombay City & Civil Sessions Court, Greater Mumbai.

The cases which are pending trial in different states are said to be as under:-

State	CR.Nos./FIR Nos.	No. Of Cases
Maharashtra (Mumbai, Thane, Pune, Stara)	CR Nos.74/2007 (EOW),  CR No.55/2009, CR No.829/2010,  CR No.469/2009, CR No.28/2010,   CR No.401/2009, CR No.257/2009, CR No.368/2009, CR No.24/2010,  CR No.46/2010, CR No.486/2009, CR No.347/2009, CR NO.23/2010,  CR No. No.95/2010, CR No.205/2010,  FIR No.347/2009, CR No.687/2006	17
Karnataka (Bangalore)	FIR No.165/2009, CR No.173/2010	02
Tamil Nadu (Chennai)	FIR No.456/2009, CR No.194/2010	02
Andhra Pradesh (Hyderabad)	FIR No.299/2009, CR No.258/2009	02
New Delhi	CC No.7543/10, 232/11, 232/12, 233/11, 234/11, 227/11, 224/11, 223/11, 222/11, 220/11, 219/11, 218/11, 213/11, 212/11, 211/11, 210/11, 209/11, 208/11, 207/11, 407/11, 471/11, 472/11, 473/11, 474/11, 475/11, 476/11, 477/11, 478/11, 479/11, 480/11, 481/11, 482/11, 483/11, 484/11, 484A/11, 455/11, 456/11, 457/11, 458/11, 459/11, 460/11, 461/11, 462/11, 463/11, 464/11, 465/11, 466/11, 467/11, 468/11, 469/11, 441/11, 445/11, 446/11, 447/11, 448/11, 449/11, 450/11, 451/11, 452/11, 522/11, 528/11, 590/11, 591/11, 592/11, 593/11, 595/11, 596/11, 597/11, 598/11, 599/11, 600/11, 602/11, 603/11, 604/11, 605/11, 608/11, 609/11, 610/11, 611/11, 612/11, 667/11, 668/11, 799/11, 800/11, 802/11, 805/11, 898/11, 920/11, 921/11, 922/11, 923/11, 926/11, 927/11, 30/13, 31/13, 673/13, 677/13, 654/13, 899/13, 847/13, 815/13, 925/13, 919/13, 936/13, 566/13,  FIR Nos.255/2009, 54/2010	107
Rajasthan (Sikar)	FIR Nos. 219/2012 & 40/2010	02

All the above cases pending before the concerned Courts in Maharashtra, Karnataka, Tamil Nadu, Andhra Pradesh, Rajasthan and New Delhi shall stand transferred and be posted along with the PMLA Case pending before the Mumbai Court, as referred to above. The concerned Courts are directed to transfer all the files, as directed in this order along with the entire records within one month from the date of communication of a copy of this order.

It is needless to state that after the transfer of the above cases, the Principal Sessions Judge, PMLA Special Court Bombay City & Civil Sessions Court, Greater Mumbai shall take every necessary step for consolidating all the cases for being tried along with the PMLA case No.ECIR/65/MZO/20 dated 30.10.2009. For that purpose, it would be in order for the Special Court to keep in abeyance the trial of PMLA Case No.ECIR/65/MZO/20 dated 30.10.2009 pending before Principal Sessions Judge, PMLA Special Court Bombay City & Civil Sessions Court, Greater Mumbai for a period of two months from today.

It is also made clear that the individual complainants in cases filed under Section 138 N.I. Act can approach the Special Court for the purpose of their exemption from appearance as well as for placing their evidence in support of their complaints.

In the light of the above, pending applications, if any, stand closed.

With the above directions, the transfer petitions are disposed of.

...................................J.

[FAKKIR MOHAMED IBRAHIM KALIFULLA]

...................................J.

[SHIVA KIRTI SINGH]

NEW DELHI;

MAY 11, 2015.