Devendra Kumar vs Directorate Of Enforcement
2024 Latest Caselaw 9084 Jhar

Jharkhand High Court

Devendra Kumar vs Directorate Of Enforcement on 9 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                    IN THE HIGH COURT OF JHARKHAND, RANCHI
                              W.P. (Cr.) No. 1166 of 2023
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Devendra Kumar, aged about 50 years, son of Tipan Pandit, resident of Pratap Nagar, Gali No.2 Jamua, Godda, P.O. and P.S. - Godda, District -

                 Godda, Jharkhand                              .... Petitioner
                                        --   Versus --

Directorate of Enforcement, through its Deputy Director, having its office at Plot No.1520/B, Airport Road, P.O. and P.S. Hinoo, District - Ranchi, Jharkhand, 834002 .... Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Petitioner        :-    Mr. Sumeet Gadodia, Advocate
                                      :-    Mr. Prakhar Harit, Advocate
            For the State                   :-     Mr. Amit Kumar Das, Advocate
                                            ----
07/09.09.2024             Learned counsel appearing for the petitioner submits that the

certified copy of ECIR has not been supplied to the petitioner and in view of that

the said has not been annexed to the petition and the office has made objection

for that. He submits that the FIR filed which said to be predicate offence has

already been quashed by this Court and the only allegation for predicate offence

was under Section 120B of the IPC. He submits that the case of the petitioner is

covered in the light of judgment of Hon'ble Supreme Court in the case of Yash

Tuteja & Anr. versus Union of India & Ors. in W.P. (Cr.) No.153 of 2023.

2. Learned counsel appearing for the Directorate of Enforcement

accepts that the certified copy of the ECIR has not been supplied in the light of

judgment of Hon'ble Supreme Court in the case of Vijay Madanlal Chowdhary

versus Union of India reported in (2022) SCC OnLine SC 929.

3. In view of the above the surviving defect is ignored.

4. I.A. No.11438 of 2023 is disposed of.

5. Let this matter appear for Orders in the next week.

(Sanjay Kumar Dwivedi, J.) Sangam/

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