M/s. ARSS Damoh Hirapur v. Directorate of Enforcement, Government of India, Bhubaneswar
Case at a glance
Outcome
Withdrawn
The Petition is disposed of as withdrawn with the
Provisions considered
Key paragraphs
- Para 55. The Petition is disposed of as withdrawn with the liberty to file a fresh substantive petition.
Judgment
…. Petitioners Mr.Ashok Kumar Parija, Senior Advocate being assisted by Mr. Amit Patnaik, Advocate …. Opp. Party Mr.Gopal Agarwal, Senior Advocate being assisted by Ms. S.Srivastava, Advocate Order No.
07. CORAM: JUSTICE SIBO SANKAR MISHRA I.A. No.808 of 2025 ORDER 09.04.2025
The petitioners have invoked 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.
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.
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.
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.
Operative part
The Petition is disposed of as withdrawn with the liberty to file a fresh substantive petition.
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. Judge (S.S. Mishra) Subhasis Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Apr-2025 18:44:12
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Petition is disposed of as withdrawn with the
Which statutory provisions did this judgment involve?
Prevention of Money Laundering Act, 2002.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.