Orissa High Court
M/S. Arss Damoh Hirapur vs Directorate Of Enforcement on 9 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4576 of 2023
M/s. ARSS Damoh Hirapur .... Petitioners
Tolls Private Limited & Mr.Ashok
others Kumar Parija,
Senior Advocate
being assisted
by Mr. Amit
Patnaik,
Advocate
-versus-
Directorate of Enforcement, .... Opp. Party
Government of India, Mr.Gopal
Bhubaneswar. Agarwal, Senior
Advocate being
assisted by Ms.
S.Srivastava,
Advocate
CORAM:
JUSTICE SIBO SANKAR MISHRA
I.A. No.808 of 2025
Order ORDER
No. 09.04.2025
07.
1.The petitioners have invoked the inherent jurisdiction of this Court seeking quashing of the order dated 18.08.2023 passed by the learned Special Page 1 of 3 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.
2. 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.
3. 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.
4. 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.
5. The Petition is disposed of as withdrawn with the Page 2 of 3 liberty to file a fresh substantive petition.
6. 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.
(S.S. Mishra) Judge 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 Page 3 of 3