WPCRL/585/2024
2025 Latest Caselaw 1696 UK

Uttarakhand High Court

WPCRL/585/2024 on 4 August, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
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      Date     or directions and                              COURT'S OR JUDGES'S ORDERS
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                                      WPCRL No. 567 of 2024
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Vikram Chaudhary, (through V.C.) learned Sr. Advocate with Ms. Manisha Bhandari, Ms. Ishita Dhaila, Mr. Mahendra Singh Rawat, Mr. Abhimanyu Dhyani (through V.C.) learned counsel for the petitioners.

2. Mr. Zoheb Hussain, (through V.C.), Mr. Lalit Sharma and Mr. Atul Bahuguna, learned counsel for the ED / respondents.

3. Mr. Vikram Chaudhary, learned Sr. Advocate, raised a preliminary issue in reference to the cognizance order by referring the judgment of Hon'ble Supreme Court in the case of Kushal Kumar Agarwal Vs. Directorate of Enforcement, which was arising out of proceeding pending before trial court relating to ECIR No. ECIR/ 13/ DLZO/ 2014. He submits that judgment in the case of Kushal Kumar Agarwal was rendered by Hon'ble Supreme Court on 09.05.2025 and the Coordinate Bench decided the issue in respect of co-accused on 19.05.2025, as by that time the Hon'ble Supreme Court decision was not uploaded in the website. In addition to this, Mr. Chaudhary also give reference of first proviso to Section 223 of BNS, 2023 and submits that even in the case of co-accused Parvinder Singh, cognizance was taken, after 01.07.2024, when the BNS, 2023 came into force. He further submits that original complaint in respect of Parvinder Singh was filed prior to 01.07.2024 but in fact cognizance was taken on 02.07.2024. He submits that in the case of Kushal Kumar Agarwal, ECIR complaint was of 2014, therefore, date of filing of complaint has no relevance, rather the date of cognizance is relevant in terms of Section 223 of BNS, 2023.

4. Mr. Chaudhary submits that whether he will press only this preliminary issue or press other issues, he will apprise to this Court on the next date. He requested that the matter be post on 11.08.2025.

5. Mr. Zoheb Hussain submits that he will respond to his arguments on the next date.

6. List on 11.08.2025 at 03.00 p.m.

(Rakesh Thapliyal, J.) 04.08.2025 SKS