CRL OP/5085/2026 of M/s.Southern Agrifurane Industries Pvt.Ltd., Vs The Assistant Director,
Crl.O.P.Nos.5085 and 7370 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
Crl.O.P.Nos.5085 and 7370 of 2026
and Crl.M.P.Nos.5849, 5852, 5847 and 5848 of 2026
M/s.Southern Agrifurane Industries
Pvt. Ltd.,
Rep. by its Director MGM Anand,
MGM Centre, No.1, 9th Street,
Dr.Radhakrishnan Salai, Mylapore,
Chennai-600 004.
Petitioner in
Crl.O.P.No.5085/2026
MGM Anand
MGM Centre, No.1, 9th Street,
Dr.Radhakrishnan Salai, Mylapore,
Chennai-600 004.
Petitioner in
Crl.O.P.No.7370/2026
Vs
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Crl.O.P.Nos.5085 and 7370 of 2026
The Assistant Director,
Directorate of Enforcement,
(The Prevention of Money
Laundering Act, 2002),
Government of India,
Ministry of Finance,
Department of Revenue,
5th & 6th Floor,
BSNL Administrative Building,
No.2, Kushkumar Road,
Nungambakkam, Chennai-600 034.
Respondent
in both OPs
PRAYER : Petitions filed under Section 528 BNSS, 2023 to call for the
records in Spl. C.C.No.13 of 2025 pending on the file of VIII Additional
Special Judge for CBI Cases, Chennai and quash the proceedings
against the petitioners.
For Petitioners: Mr.Abudu Kumar Rajaratinam
Senior Counsel
for Ms.T.Kokilavani
For Respondent: Mr.N.Ramesh
Special Public Prosecutor
for ED Cases
COMMON ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Heard learned counsel for the parties.
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Crl.O.P.Nos.5085 and 7370 of 2026
2. These petitions have been filed by the petitioners aggrieved
by order dated 07.10.2025 by which the Principal Sessions Judge,
Chennai, has taken cognizance of the offences alleged in the complaint
in the matter of ECIR No.CEZO-11/26/2022.
3. The ground of challenge in these petitions is that without
giving pre-cognizance notice under Section 223(1) of BNSS, the order
dated 7.10.2025 has been passed.
4. An identical issue came up for consideration before this Court
in Crl.O.P.No.35200 of 2025 [R.Sampath and another v. The Assistant
Director, Directorate of Enforcement, Chennai-600 034] and, vide
order dated 23.1.2026, the said petition was partly allowed and the
order taking cognizance was set aside.
5. Accordingly, the order dated 7.10.2025 passed in ECIR
No.CEZO-11/26/2022 taking cognizance in Spl. C.C.No.13 of 2025 on
the file of VIII Additional Special Judge for CBI Cases, Chennai is set
aside. The complaint is restored to its original file number and the
Court concerned shall proceed in accordance with law.
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Crl.O.P.Nos.5085 and 7370 of 2026
6. The Criminal Original Petitions are partly allowed in terms
aforesaid. No costs. Consequently, connected miscellaneous petitions
are closed.
(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)
17.04.2026
Index : Yes/No
Neutral Citation : Yes/No
bbr
To:
The Assistant Director,
Directorate of Enforcement,
(The Prevention of Money
Laundering Act, 2002),
Government of India,
Ministry of Finance,
Department of Revenue,
5th & 6th Floor,
BSNL Administrative Building,
No.2, Kushkumar Road,
Nungambakkam, Chennai-600 034.
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Crl.O.P.Nos.5085 and 7370 of 2026
THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN, J.
bbr
Crl.O.P.Nos.5085 and 7370 of 2026
17.04.2026
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