CRL OP/8843/2026 of Dhara Prasad Vs The Assistant Director

Crl.O.P.No.8843 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.04.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Crl.O.P.No.8843 of 2026 and Crl.M.P.Nos.6274 and 6276 of 2026 1. Dhara Prasad S/o Dhara Narasimha Moorthy resident of Plot No.127 & 128 Sai Ram Nagar Phase-2, Nadergul, Ranga Reddy District Telangana – 501 510. 2. Harshita Annapragada W/o Dhara Prasad resident of Plot No.127 & 128 Sai Ram Nagar Phase-2, Nadergul, Ranga Reddy District Telangana – 501 510. … Petitioners -vs- The Assistant Director Directorate of Enforcement (The Prevention of Money Laundering Act, 2002), Government of India, Ministry of Finance, Department of Revenue No.2, 5th and 6th Floor, BSNL Administrative Building, Kush Kumar Road, Nungambakkam, Chennai 600 034. … Respondent ______________ Page 1 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8843 of 2026 PRAYER : Petition filed under Section 528 BNSS, 2023 to call for t he records in Spl. C.C.No.15 of 2025 pending on the file of IX Additional Special Judge for CBI Cases, Chennai and set aside th e order dated 16.09.2025 taking cognizance of the complaint filed in Sp l.C.C.No.15 of 2025. For Petitioners: Mr.Rahul M.Shankhar For Respondent: Mr.Cibi Vishnu Special Public Prosecutor for ED Cases ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties. 2. This petition has been filed by the petitioners aggriev ed by order dated 16.09.2025 by which the IX Additional Spe cial Judge for CBI Cases, Chennai, has taken cognizance of the offence s alleged in the complaint in the matter of ECIR No.CEZO-I/48/2021. 3. The ground of challenge in this petition is that withou t giving pre-cognizance notice under Section 223(1) of BNSS, the order dated 16.09.2025 has been passed. ______________ Page 2 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8843 of 2026 4. An identical issue came up for consideration before t his 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 a llowed and the order taking cognizance was set aside. 5. Accordingly, the order dated 16.09.2025 passed in ECIR No.CEZO-I/48/2021 taking cognizance in Spl. C.C.No.15 of 2 025 on the file of IX Additional Special Judge for CBI Cases, Chennai is set aside. The complaint is restored to its original file numb er and the Court concerned shall proceed in accordance with law. 6. The Criminal Original Petition is partly allowed in terms aforesaid. No costs. Consequently, connected miscella neous petitions are closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 20.04.2026 Index : Yes/No Neutral Citation : Yes/No kst ______________ Page 3 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8843 of 2026 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. ______________ Page 4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8843 of 2026 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. KST Crl.O.P.No.8843 of 2026 20.04.2026 ______________ Page 5 of 5 https://www.mhc.tn.gov.in/judis