M/S. Eden Infra Projects Private vs Republic Of India (Cbi)
2023 Latest Caselaw 7545 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No. 1054 of 2023

            M/s. Eden Infra Projects Private      ....                      Petitioners
            Ltd. & Ors.
                                                   Mr. M. Mukharjee, Sr. Advocate
                                                                       along with
                                                            Mr. A. Sen, Advocate
                                               -Versus-
            Republic of India (CBI)                    ....            Opposite Party
                                                      Mr. Sarthak Nayak, Advocate for
                                                                                CBI.
                           CORAM:
                             JUSTICE SASHIKANTA MISHRA

ORDER_ 13.07.2023

Order No. 1. This matter is taken up through hybrid mode.

7. 2. Heard Mr. Milon Mukharjee, learned Senior Counsel with Mr. A.

Sen, Mr. M. Dhar, Mr. D. Dutta, learned counsel for the petitioners and Mr. S. Nayak, learned counsel for CBI.

3. By order dated 09.05.2023, this Court directed that the NBW issued against the petitioner No.3, Mr. Indrajit De by the Court below vide order dated 27.12.2022 shall not be executed. Said order was extended till today by order dated 22.06.2023.

4. Mr. M. Mukharjee, learned Senior Counsel appearing for the petitioners produces certified copy of the order sheet of the case in the Court below which inter alia states that the holding I.O. made a prayer for issuance of fresh NBW against Indrajit De. The Court below observed that the NBW was directed to be not executed against the accused, Indrajit De till 26.2.2023 but no subsequent order was filed by the advocate or by the prosecution. As such, holding it as lapse of the period reflected in the order of this Court, fresh NBWA was directed to be issued.

5. Mr. Sarthak Nayak, learned counsel for CBI submits that probably the order passed by this Court on 23.06.2023 was not within the knowledge of the Court below.

6. Since this Court has already extended the interim order till today, the order passed by the Court below on 03.07.2023 in so far as it relates the accused, Indrajit De has no force and is hereby, quashed.

7. Hearing is concluded and judgment reserved.

8. The parties may file their written note of submissions and memo of citations, if any, within a week.

9. Interim order passed earlier shall continue till pronouncement of judgment.

                                                       (Sashikanta Mishra)
                                                               Judge
 A.K. Rana




             Digitally signed by
AJAYA      AJAYA KUMAR RANA
KUMAR RANA Date: 2023.07.13
           18:26:34 +05'30'