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Jharkhand High Court

M/S Dev Multicom Private Ltd. & Anr vs The State Of Jharkhand & Anr. ..... ... ... on 20 January, 2022

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

IN    THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr.M.P. No. 2941 of 2018

M/s Dev Multicom Private Ltd. & Anr.          .....    ...   Petitioners
                          Versus
The State of Jharkhand & Anr.                  .....   ...   Opposite Parties
                              with
                         Cr.M.P. No. 2942 of 2018

Jaya Devi                                     .....    ...   Petitioner
                          Versus
The State of Jharkhand & Anr.                  .....   ...   Opposite Parties
                              with
                         Cr.M.P. No. 2943 of 2018

M/s AT-DEV PRABHA (JV) & Anr.                 .....    ...   Petitioners
                          Versus
The State of Jharkhand & Anr.                  .....   ...   Opposite Parties
                              with
                         Cr.M.P. No. 2944 of 2018

M/s Dev Prabha Construction Pvt. Ltd. & Anr. .....     ...   Petitioners
                          Versus
The State of Jharkhand & Anr.                .....     ...   Opposite Parties
                              with
                      Cr.M.P. No. 2948 of 2018

M/s AT-DEV PL (JV) & Anr.                     .....    ...   Petitioners
                          Versus
The State of Jharkhand & Anr.                  .....   ...   Opposite Parties
                              with
                      Cr.M.P. No. 2949 of 2018

Aarti Devi @ Arti Devi                        .....    ...   Petitioner
                          Versus
The State of Jharkhand & Anr.                  .....   ...   Opposite Parties
                              with
                     Cr.M.P. No. 2950 of 2018

Vishwa Vijay Singh                            .....    ...   Petitioner
                          Versus
The State of Jharkhand & Anr.                  .....   ...   Opposite Parties
                              with
                     Cr.M.P. No. 2953 of 2018

M/s AT-DEV PRABHA (JV) & Anr.                 .....    ...   Petitioners
                          Versus
The State of Jharkhand & Anr.                  .....   ...   Opposite Parties
                              with
                     Cr.M.P. No. 3060 of 2018

Vishwa Vijay Singh                            .....    ...   Petitioner
                           Versus
The State of Jharkhand & Anr.     ..... ... Opposite Parties
                        --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Sumeet Gadodia, Advocate : Mr. Shrestha Gautam, Advocate.

For the State : Mr. Veer Vijay Pradhan, A.P.P. : Mr. Vibhuti Sahay, A.P.P. : Mr. Satish Prasad, A.P.P. : Mrs. Ruby Pandey, A.P.P. : Mrs. Priya Shrestha, Spl.P.P. : Mr. Rajesh Kumar, A.P.P. : Mr.Vishwanath Ray, A.P.P. For the O.P. No. 2 (Income Tax) : Ms. Amrita Sinha, Advocate

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07/ 20.01.2022 These petitions have been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

I.A. No. 7510 of 2021 [in Cr.M.P. No. 2941 of 2018], I.A. No. 7508 of 2021 [in Cr.M.P. No. 2942 of 2018], I.A. No. 7504 of 2021 [in Cr.M.P. No. 2943 of 2018], I.A. No. 7506 of 2021 [in Cr.M.P. No. 2944 of 2018], I.A. No. 7505 of 2021 [in Cr.M.P. No. 2948 of 2018], I.A. No. 43 of 2022 [in Cr.M.P. No. 2949 of 2018], I.A. No. 7509 of 2021 [in Cr.M.P. No. 2950 of 2018], I.A. No. 7507 of 2021 [in Cr.M.P. No. 2953 of 2018] have been filed for stay of the complaint proceedings in connection with Economic Offence Case C.O. Nos. 23 of 2018, 01 of 2018, 22 of 2018, 24 of 2018, 21 of 2018, 02 of 2018, 05 of 2018 and 19 of 2017 respectively, pending in the Court of Special Judge, Economic Offences, Dhanbad.

Learned counsel appearing for the petitioners submits that these matters were heard on 07.12.2018 and after hearing the parties, the Court has been pleased to stay the proceedings in the respective cases. He submits that the Special Judge, Economic Offences, Dhanbad, vide order dated 28.08.2021 had vacated the stay and had directed that the case be put up on 29.09.2021 for evidence before charge. He further submits that these petitions are still pending before this Court, therefore, interim order dated 07.12.2018 may kindly be extended.

Ms. Amrita Sinha, learned counsel appearing for the O.P. No. 2 (Income Tax) submits that the counter affidavits have already been filed in these matters and these matters may kindly be decided at an early date, as there is stay in favour of the petitioners.

In view of the above and considering that the limited hearing is going on in the High Court due to pandemic, the prayers made in the interlocutory applications are allowed.

Interim order dated 07.12.2018 shall remain in force till the next date of listing.

All the interlocutory applications are allowed and disposed of. Post these matters on 28.02.2022.

(Sanjay Kumar Dwivedi, J.) Amitesh/-