M/S. Arss Damoh-Harapur vs Directorate Of Enforcement .... ...
2025 Latest Caselaw 6995 Ori

Orissa High Court

M/S. Arss Damoh-Harapur vs Directorate Of Enforcement .... ... on 11 April, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No.1437 of 2025
                 M/s. ARSS Damoh-Harapur             ....                  Petitioner(s)
                 Tolls Pvt. Ltd. and others
                                               Mr. A. K. Parija, Senior Advocate
                                            along with Mr. A. Pattnaik, Advocate
                                                        Mr. G. Khana, Advocate

                                              -versus-

             Directorate of Enforcement              ....            Opposite Party(s)
                                         Mr. G. Agarwal, Sr. Advocate for E.D.


                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                      ORDER

11.04.2025 Order No. CRLMC No.1437 of 2025 & I.A. No.1027 of 2025

01. 1. Heard.

2. The petitioners are seeking quashing of the Crl. Misc. (PMLA) Case No.11 of 2023 pending in the Court of the learned Special Judge (PMLA), Bhubaneswar on the ground that the schedule offence has already been quashed by this Court vide judgment dated 13.02.2025 in CRLMC No.2091 of 2022. Relevant part of the said judgment reads as under:-

"25. Accordingly, in the light of and following the judgments of the Hon'ble Supreme Court in the cases of B B Aggarwal (supra.) & Nikhil Merchant (supra.), the F.I.R. No. RCBSK2018E0003 dated 09.04.2018 registered at Head of Branch, CBI, BS & FC, Kolkata, the consequent Charge Sheet No. 2/2020,dated 28.12.2020, under Section 120-B r/w 420 of the Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, along with the cognizance order dated 25.02.2021 passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No. 04 of 2021, and supplementary Charge Sheet No. 1/2022, dated

27.06.2022 and the proceedings consequent thereto are hereby stand quashed qua the petitioners.

3. Mr. Parija, learned Senior Counsel for the petitioners submits that the F.I.R. No.RCBSK2018E0003 dated 09.04.2018 in toto has been quashed. In view of the fact that the schedule offence has been quashed, the proceeding initiated by the opposite party under Section 45 of the P.M.L.A. Act cannot be continued qua the petitioner in view of the judgment of the Hon'ble Supreme Court in the case of Vijay Madanlal Choudhary and others vrs. Union of India and others reported in (2023) 12 SCC 1. He has relied upon paragraph-382.8 of the said judgment to substantiate his case.

4. Issue notice.

5. Mr. Agarwal, learned Senior Counsel appearing on behalf of the Enforcement Directorate-opposite party and waives the notice.

6. List this matter on 05.05.2025.

7. In the meantime, the petitioners are granted liberty to move application before the Court below seeking an adjournment owing to the fact that the matter is sub-judice before this Court. If such application is moved, the same shall be considered.

(S.S. Mishra) Judge Swarna

Designation: Senior Stenographer

Location: High Court of Orissa Date: 12-Apr-2025 15:38:27