NARESH KUMAR KEJRIWAL Vs. DIRECTORATE OF ENFORCEMENT
LAWS(JHAR)-2019-12-8
HIGH COURT OF JHARKHAND
Decided on December 06,2019

Naresh Kumar Kejriwal Appellant
VERSUS
DIRECTORATE OF ENFORCEMENT Respondents

JUDGEMENT

ANANT BIJAY SINGH,J. - (1.) Petitioner has filed this criminal miscellaneous petition Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding arising out of ECIR No.12/PAT/2012 &13/PAT/2012 in Complaint Case No. 02/2018 and further prays for quashing of the order dated 19.11.2018 by which the cognizance has been taken against this petitioner and other accused for the offence to have committed under Section 3 of the PMLA Act which is punishable under Section 4 of the PMLA Act, pending in the court of learned Additional Judicial Commissioner-I-cum-Special Judge, PMLA at Ranchi.
(2.) It appears that petitioner had earlier moved before this Court for grant of anticipatory bail in A.B.A. No. 299/2019 which was dismissed by Hon'ble Coordinate Bench vide order dated 03.04.2019. Thereafter, petitioner had moved Special Leave Petition (Criminal) No. 3533/2019 before the Hon'ble Supreme Court of India challenging the order dated 03.04.2019 passed in ABA No. 299/2019, which was dismissed on 23.04.2019 with the following observation: "the eight weeks time is granted to the petitioner to surrender and move an application for Regular Bail before the learned Trial Court. Such prayer as and when made shall be considered and decided expeditiously by the Trial court. The petitioner shall remain protected against the arrest till the bail application is decided by the Trial Court."
(3.) Thereafter, this Cr.M.P. has been filed on 05.09.2019 and it was listed before the Court on 02.07.2019. Thereafter prayer has been made to list this case on 30.07.2019. On 30.07.2019, the matter was directed to be listed on 02.08.2019 and further proceeding in connection with ECIR No. 12/PAT/2012 and 13/PAT/2012 in Complaint Case No. 02 of 2018, pending in the court of learned Additional Judicial Commissioner-I-cum-Special Judge for PMLA at Ranchi, so far petitioner is concerned was stayed. On 02.08.2019, learned Hon'ble Coordinate Bench directed the office to list this case before another Bench after obtaining necessary approval of Hon'ble the Acting Chief Justice, but in the meanwhile, it appears that I.A. No. 8028/2019 was filed on behalf of the opposite party on 22.08.2019 with a prayer to recall / modification of the order dated 02.08.2019 passed in Cr.M.P. No. 1399/2019 and the Hon'ble Coordinate Bench after hearing the parties under order dated 03.09.2019 allowed the I.A. No. 8028/2019 and further re-called the paragraph no. 3 of the order dated 02.08.2019 as the protection has already been granted by the Hon'ble Supreme Court. Thereafter, this case was assigned to this Court and the matter was listed on 06.09.2019 and thereafter on 18.09.2019 and subsequent dated and finally the matter was heard on 11.11.2019 and order was reserved. ;


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