Authority: Supreme Court of India (Original Jurisdiction)
Order Date: 14 July 2026
Case Overview
- Petition filed by Amit Katyal (petitioner) seeking quash of Prosecution Complaint No. COMA/16/2025 dated 28‑07‑2025 relating to ECIR/GNZO/04/2023 dated 03‑03‑2023, later limited to transfer of the PMLA case from Gurugram to Delhi.
- Respondents: Union of India & others.
- Katyal was promoter of Krrish Realtech Pvt. Ltd (“Krrish”), developing “Krrish World” project (466 residential plots on 151.57 acres, Gurugram).
- Six criminal cases were registered against Krrish, its group companies and directors alleging cheating of homebuyers.
- ECIR/GNZO/04/2023 was filed; petitioner claimed scheduled offences were quashed/closed and sought its quash.
- ASG Anil Kaushik highlighted prosecution complaint showing new evidence of director/promoter involvement, leading to FIR No.439/2024 (dated 21‑12‑2024) under IPC §§120B, 406, 409, 411, 420, 471 and 1860.
- FIR No.439/2024 was clubbed with earlier FIR No.30/2019 (Economic Offences Wing, Delhi) which remained pending under §§406, 120B IPC.
- Alleged fraud: diversion of Rs 503 crore from homebuyers; Rs 205 crore siphoned through shell company Mahadev Infratech Pvt. Ltd to Sri Lankan subsidiary Krrish Transworks Colombo (Private) Ltd, with immovable properties purchased in Sri Lanka and fictitious journal entries.
- Large tracts of land in Gurugram attached as proceeds of crime; similar assets seized/attached in Delhi.
- Legal provisions cited: PMLA §§43, 44 (jurisdiction of Special Courts), CrPC §178(d) (offence comprising acts in different localities), PMLA §46 (procedure).
- Arguments: petitioner sought transfer to Delhi Special Court; ASG opposed, emphasizing fraud magnitude and attachment of assets in both locations.
- Court examined jurisdiction, noting that part of the offence (concealment of proceeds) occurred in Delhi, giving simultaneous jurisdiction to both Gurugram and Delhi Special Courts.
Final Outcome
- The Supreme Court directed that the PMLA proceeding pending before the Special Judge, PMLA, Gurugram, Haryana be transferred to the Special Judge, PMLA, Saket Court Complex, Delhi.
- Prosecution to continue at the Delhi court from the stage presently pending in Gurugram.
- The writ petition is disposed.
Topics: PMLA Jurisdiction, Real Estate Fraud, Money Laundering