The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.1020 of 2018 ----- Madhu Koda @ Madhu Kora, aged about 48 years, S/o Rasika Koda, R/o Village – Patahatu, PO+PS Jagannathpur, District-West Singh Bhum, (Jharkhand)… … Petitioner Versus State of Jharkhand through Assistant Director, Directorate of Enforcement, Pee Pee Compound, Kaushalya Chamber-II, P.O.-G.P.O., P.S. – Hindpiri, Sub Zonal Office Ranchi, District-Ranchi. … … Opp. Party ------- CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Petitioner For the Opp. Party ------- : Mr. Anshuman Sinha, Advocate : Mr. Vinay Prakash, Advocate : Mr. Vijay Kumar Pandey, Advocate : Mr. Amit Kumar Das, Advocate : Mr. Saurav Kumar, Advocate ------ Order No. 14/Dated 6th December, 2024 1. The petition has been filed under Section 397 and 401 of the Code of Criminal Procedure directed against the order dated 13.06.2018 passed by learned Special Judge, CBI-cum-PMLA, Ranchi in ECIR No.ECIR/02/PAT/09/AD whereby and whereunder the learned Special Judge has amended the charge framed against the present petitioner and has further added an amount of Rs.138.38 crore in the light of the supplementary complaint filed by the prosecution on 14.02.2018. 2. It needs to refer herein that the matter was heard by the Coordinate Bench on various occasions and lastly on 08.11.2023. The order passed by the Coordinate Bench on 08.11.2023 is being referred as under :- 1
Legal Reasoning
“Heard Mr. Siddhartha Dave, learned Senior Counsel appearing for the petitioner and Mr. Amit Kumar Das, learned counsel for the opposite party. In view of the judgment rendered in the case of Vijay Madanlal Choudhary and Ors. vs. Union of India and Ors. reported in 2022 SCC OnLine 929, the case requires to be heard. Admit. Call for the scanned copies of the Lower Court Records along with soft copy from the learned Court below. Parties will be at Liberty to move before the Court on receipt of the Lower Court Records. In the meantime, the further proceeding in ECIR No.ECIR/02/PAT/09/AD pending in the court of the learned Special Judge, CBI-cum-Special Court PML Act, Ranchi shall remain stayed, so far as this petitioner is concerned, till final disposal of this case. 3. It further needs to refer herein that as has been informed that against the order dated 08.11.2023 passed by the Coordinate Bench, the respondent – Enforcement Directorate moved an appeal before the Hon’ble Apex Court by invoking the jurisdiction conferred under Article 136 of the Constitution of India being Special Leave Petition (Criminal) Diary No.34619/2024 wherein the following order was passed on 14.10.2024:- “Re-list in the week commencing 25.11.2024. In the meanwhile, it will be open to the petitioner, State of Jharkhand, to file an application before the High Court pointing out the relevant facts. If any such application is filed, the same may be taken up for hearing within seven days from the date of its filing.” 2 4. The matter, thereafter was listed before this court on 22.11.2024 and following order was passed on that date:- 1. The instant revision has been directed against the order dated 13.06.2018 passed by the Special Judge, CBI-cum-PMLA, Ranchi in ECIR No. ECIR/02/ PAT/09/AD(S). 2. It appears from the order-sheets that the Opp. Party-ED has appeared and took three weeks’ time to file counter affidavit as referred in the order dated 04.09.2018. 3. 4. The counter affidavit has been filed. The matter thereafter has been adjourned from one day to another and finally the matter was listed on 08.11.2023. 5. The Coordinate Bench of this Court has passed the order admitting the revision petition in view of the judgment rendered by the Hon’ble Apex Court in the case of Vijay Madanlal Choudhary and Ors. Union of India and Ors., reported in 2022 SCC OnLine 929 with a direction that in the meantime, the further proceeding in ECIR No.ECIR/02/PAT/09/AD pending in the court of the learned Special Judge, CBI-cum- Special Court PML Act, Ranchi has been kept in abeyance so far as this petitioner is concerned, till final disposal of this case. 6. The Directorate of Enforcement has approached to the Hon’ble Apex Court by filing Special Leave Petition (Criminal) Diary No.34619/2024. 7. The matter was taken up on 14.10.2024 and directed to be listed in the week commencing 25.11.2024. The Hon’ble Apex Court in the meanwhile, has left open upon the petitioner, the State of Jharkhand, to file an application before the High court pointing out the relevant facts with a direction that if any such application is filed, the same may be taken up for hearing within seven days from the date of its filing. 3 8. One interlocutory application has been filed by the Opp. Party ED in pursuant to the liberty so granted by the Hon’ble Apex Court being I.A. No.12060 of 2024 on 29.10.2024. 9. Mr. Amit Kr. Das, learned counsel appearing for the Opp. Party ED has submitted by pressing the said interlocutory application wherein, prayer has been made to vacate the order dated 08.11.2023 granting stay in further proceeding in ECIR No. ECIR/02/PAT/09/AD. 10. Learned counsel for the petitioner has submitted that response to the said interlocutory application needs to be filed which is ready but could not have been filed and all of a sudden, the case has been mentioned for its listing. 11. It has been submitted that the matter may be posted on the next Friday for final disposal so that the
Decision
main lis may be disposed of on the date fixed. 12. This Court has heard the learned counsel for the parties. 13. This Court has perused the order dated 14.10.2024 passed by the Hon’ble Apex Court, wherein, the following order has been passed:- “Re-list in the week commencing 25.11.2024. In the meanwhile, it will be open to the petitioner, the State of Jharkhand, to file an application before the High court pointing out the relevant facts. If any such application is filed, the same may be taken up for hearing within seven days from the date of its filing.” 14. Interlocutory application has been filed on 29.10.2024. The copy of the same has been served upon the learned counsel for the petitioner on 29.10.2024 as it appears from the acknowledgement receipt available in the copy of the interlocutory application. 15. When the Court has put a pin-pointed query to the learned counsel for the petitioner as to why the 4 reply of the said interlocutory application has not been filed then it has been submitted that 29.10.2024 being the last working day prior to Diwali Holidays, as such, reply could not have been filed. 16. It is evident from the order passed by the Hon’ble Apex Court, wherein, specific liberty has been given to the petitioner, the State of Jharkhand, to file an application before the High Court pointing out the relevant facts with a direction that if any such application is filed, the same may be taken up for hearing within seven days from the date of its filing. 17. The said order of the Hon’ble Apex Court has been received to the office on 28.10.2024. 18. Mr. Amit Kr. Das, learned counsel appearing for the Opp. Party ED has submitted that when the case was not listed thereafter he has mentioned the matter and immediately it has been listed today on Board. 19. The Bench is to hear the matter pertaining to PMLA is only available on Friday as per roster. After reopening of the Court, 15.11.2024 was the first day of roster for the matter pertaining to nature of present case but on that day, due to Holiday on account of Bhagwan Birsa Jayanti/Guru Nanak’s Birthday/Kartik Purnima, the case could not be listed. Thereafter, today is the first working day after opening of the Court and hence, the matter has been listed today on Board. 20. Learned counsel for the petitioner has submitted that the matter may be posted on next Friday, i.e., on 29.11.2024 so that the matter may be finally disposed of on merit, which is not being objected by the learned counsel appearing for the Opp. Party-ED. 21. Since the parties are in agreement with the final disposal of the lis and as such, in the ends of justice, this Court, deems it fit and proper to decide the matter finally on the next date of hearing. 22. With the consent of learned counsel for the parties, list this matter on 29.11.2024 as a first case, so 5 that, the matter be disposed of on the next date of hearing. 23. It is made clear that there shall be no adjournment in the matter on the next date of hearing.” 5. The matter was listed on 29.11.2024 but could not be taken up due to Full Court Reference. Thereafter, the matter has been listed today. 6. Mr. Anshuman Sinha, learned counsel appearing for the petitioner, after some argument, on instruction of the petitioner, seeks leave of this Court to withdraw this petition with a liberty to raise all available points in the defence of the petitioner in course of trial including the judicial pronouncements of the Hon’ble Apex Court on the issue. 7. Mr. Amit Kumar Das, learned counsel appearing for the Opposite Party-ED, has not objected to such submission. 8. Considering the same, with the aforesaid liberty, the instant petition is allowed to be withdrawn and accordingly, disposed of. 9. trial. 10. 11. The withdrawal of this petition will not prejudice the The interim order dated 08.11.2023 stands vacated. Pending interlocutory applications also stand disposed of. Birendra/N.A.F.R. (Sujit Narayan Prasad, J.) 6