Daktar @ Doctor@ Jatindra Sahu & vs Directorate Of Enforcement
2023 Latest Caselaw 13524 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLMC No. 2754 of 2023

            Daktar @ Doctor@ Jatindra Sahu &     ....             Petitioners
            another
                                          Ms. Deepali Mahapatra, Advocate


                                         -Versus-


            Directorate of Enforcement,           ....      Opposite Parties
            Government of India, Bhubaneswar
                                           Mr. B. Nayak, Advocate for E.D.


                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                        ORDER

01.11.2023 Order No.

05. 1. Heard Ms. Mahapatra, learned counsel for the petitioners and Mr. Nayak, learned counsel for the opposite party-ED.

2. Referring to the decision of the Telangana High Court in the case of Mr. V.Vijay Sai Reddy Vrs. Enforcement Directorate decided in Criminal Petition No. 1215 of 2021 and disposed of on 8th September, 2022, Ms. Mahapatra, learned counsel for the petitioners submits that the PMLA Court should await the result and outcome with respect to the proceeding vis-à-vis the predicate offence.

3. Mr. Nayak, learned counsel for the opposite party-ED, in course of hearing, produced a copy of the order of the Special court at Bolangir informing that an application for transfer of the said case has been filed and the same is pending for orders. At the same time, Mr. Nayak placed reliance on an order of the Apex

Court in SLP (Crl.) No. 7976 of 2023 in the case of Bhisham Lal Verma Vrs. State of U.P. & Another to submit that the instant petition is not maintainable as the ground that such a question was raised by the petitioner in CRLMC No. 1984 of 2021 disposed of on 31st March, 2021.

4. In any case, Mr. Nayak, learned counsel for the opposite party-E.D. is to respond to the judgment of the Telangana High Court in Mr. V.Vijay Sai Reddy (supra) in view of the contention of the Ms. Mahapatra, learned counsel for the petitioner that the proceeding before the PMLA Court should await the outcome of CTR No. 8 of 2016 pending before the court of learned Special Judge (Vigilance), Bolangir, trial of which is on the verge of completion.

5. Furthermore, Ms. Mahapatra, learned counsel for the petitioners prays for a short adjournment to respond to the contention of Mr. Nayak, learned counsel for the opposite party- E.D. which is with reference to the decision in Bhisham Lal Verma (supra), a copy of which has been produced in Court today.

6. List on 21st November, 2023 for final hearing and orders.

(R.K.Pattanaik) Judge

kabita

Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, CTC Date: 02-Nov-2023 16:51:44