M/S. Arss Damoh Hirapur vs Directorate Of Enforcement
2025 Latest Caselaw 6884 Ori

Orissa High Court

M/S. Arss Damoh Hirapur vs Directorate Of Enforcement on 9 April, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLMC No.4576 of 2023

             M/s. ARSS Damoh Hirapur           ....    Petitioners
             Tolls Private Limited &                Mr.Ashok
             others                                 Kumar Parija,
                                                    Senior Advocate
                                                    being assisted
                                                    by Mr. Amit
                                                    Patnaik,
                                                    Advocate



                                    -versus-


             Directorate of Enforcement, .... Opp. Party
             Government of India,           Mr.Gopal
             Bhubaneswar.                   Agarwal, Senior
                                            Advocate being
                                            assisted by Ms.
                                            S.Srivastava,
                                            Advocate


         CORAM:
              JUSTICE SIBO SANKAR MISHRA

                           I.A. No.808 of 2025

Order                               ORDER
 No.                              09.04.2025
 07.
        1.

The petitioners have invoked the inherent jurisdiction of this Court seeking quashing of the order dated 18.08.2023 passed by the learned Special

Judge, Bhubaneswar in Criminal Misc. Case (PMLA) No.11 of 2023, whereby the cognizance of the offences punishable under Section 3 r/w Section 70 of the PML Act punishable under Section 4 of the said Act has been taken against them.

2. The petition was filed in the year 2023 on various grounds. Subsequently, this Court, vide its judgment dated 13.02.2025 allowed the CRLMC No.2091 of 2022 quashing the scheduled offence. On that basis, the petitioners have moved the I.A. No.808 of 2025 making a substantive ground for quashing of the entire proceeding under the PML Act.

3. Mr. Gopal Agarwal, learned Senior Advocate appearing on behalf of the opposite party has pointed out that the ground on the basis of which the petitioners are now seeking quashing of the entire proceeding being a subsequent development , the petitioners should not be allowed to raise this point through an I.A.

4. Confronted with the objection, Mr. Ashok Kumar Parija, learned Senior Advocate appearing on behalf of the petitioners seeks to withdraw the present petition with liberty to file a substantive petition urging all the points as has been raised in the main petition and the IA.

5. The Petition is disposed of as withdrawn with the

liberty to file a fresh substantive petition.

6. The Registry is directed to return the Annexures- 1 & 2 of the CRLMC to the learned counsel for the petitioners by replacing with the Xerox copies the same.

(S.S. Mishra) Judge

Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 10-Apr-2025 18:44:12