Citation : 2025 Latest Caselaw 1489 Jhar
Judgement Date : 10 January, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 728 of 2023
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Sanjay Kumar Agarwal ........Petitioner
Versus
Union of India, through Directorate of Enforcement ......Opposite Party
CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
For the Petitioner : Mr. Sumeet Gadodia, Advocate For the O.Ps : Mr. Amit Kumar Das, Advocate
Order No.19/Dated: 10th January, 2025
Mr. Sumeet Gadodia, the learned counsel appearing for the petitioner at the outset by referring to the order dated 22.11.2024 has submitted that due to typographical error the interlocutory application being I.A No.6363 of 2023 has been withdrawn.
2. It has been submitted that interlocutory application being I.A No.6363 of 2023 is for stay of further proceeding in ECIR Case No.05 of 2021 while I.A No.6361 of 2023 which was prayed to be withdrawn was for the purpose of amending the prayer of the petition by challenging the framing of charge as charge was framed vide order dated 26.06.2023. The learned counsel has submitted that the said order dated 22.11.2024 may be modified.
3. Mr. Amit Kumar Das, the learned counsel appearing for the opposite party-Directorate of Enforcement has submitted that the said order needs to be modified, since, there appears to be some typographical error.
4. This Court has heard the learned counsel for the parties and gone through both the interlocutory applications, i.e., I.A No.6361 of 2023 and I.A No.6363 of 2023.
5. The order which was passed by this Court on 22.11.2024 is granting leave to the petitioner to withdraw the interlocutory application being I.A No.6363 of 2023 as per the prayer made that challenges the issue for framing of charge which was the subject matter of the interlocutory application being I.A No.6361 of 2023 which was sought to be withdrawn whereas I.A No.6363 of 2023 has been filed for stay of further proceeding.
6. This Court on scrutiny of both the interlocutory applications, i.e., I.A No.6361 of 2023 and I.A No.6363 of 2023 has found that the error has been crept up in the order dated 22.11.2024 and, as such, the same needs to be modified.
7. The order dated 22.11.2024 is, therefore, modified by replacing the reference of I.A No. 6363 of 2023 to that of I.A No.6361 of 2023 which will be said to be withdrawn in pursuance to the order dated 22.11.2024.
8. The order dated 22.11.2024 is modified to the extent as indicated hereinabove.
9. Heard Mr. Sumeet Gadodia, the learned counsel appearing for the petitioner and Mr. Amit Kumar Das, the learned counsel appearing for the opposite party-Directorate of Enforcement.
10. Hearing concluded.
11. Judgment is reserved.
(Sujit Narayan Prasad, J.) Sudhir
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