Anam Naik And Others vs Directorate Of Enforcement ... ...
2025 Latest Caselaw 4156 Ori

Orissa High Court

Anam Naik And Others vs Directorate Of Enforcement ... ... on 18 February, 2025

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 627 of 2025
                 Anam Naik and others           ....                        Petitioner(s)
                                                          Mr. Devashis Panda, Advocate

                                               -versus-

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

                      CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

18.02.2025 Order No.

01. 1. Heard.

2. The petitioners are aggrieved by the order dated

27.12.2024 passed by the learned Addl. Special Judge (PMLA,

2002)-cum-Special Judge (C.B.I.-1), Bhubaneswar in Crl. Misc.

Case (PMLA) No. 04 of 2023, whereby their application under

Section 205 Cr.P.C. has been rejected.

3. Relying upon the judgment of the Hon'ble Supreme Court

in the case of Tarsem Lal v. Directorate of Enforcement, Crl.

Appeal No. 2608 of 2024 (arising out of SLP (Crl. No.121 of

2024),although the application of petitioners U/s 205 Cr.P.C was

rejected, they have already appeared before the court below and

submitted the bonds. The only grievance raised by the petitioners in

this petition is that they may be allowed to appear before the court

below through virtual mode or through their counsel by moving

appropriate application during the trial.

4. Regard being had to the reasons stated in the application

and the law operating in the field in this regard, I am inclined to

allow the petition. In view of the aforementioned, if the petitioners

move application under Section 317 Cr.P.C. for appearing before

the court below through their counsel or through virtual mode at

any stage of the trial, the same shall be favourably considered.

However, as and when the PMLA Court requires the physical

presence of the petitioners, they shall appear before the court

without fail. But in no circumstances, the trial court shall allow the

petitioners to seek unnecessary adjournment to delay the trial.

5. With the aforesaid observation, the CRLMC is disposed of.

(S.S. Mishra) Judge

Ashok

Signed by: ASHOK KUMAR JAGADEB

Location: High Court of Orissa Date: 19-Feb-2025 10:14:29