LALITA MOHAN DAS Vs. ASSISTANT DIRECTOR, E.D.

JUDGEMENT

(1.) The present application has been filed by the Petitioner by invoking the inherent power of this Court under Sec. 482 Cr.P.C. to quash the impugned order dtd. 16/8/2022 under Annexure-2 to the application whereby the learned Sessions Judge-cum-Special Judge under PMLA Act, Khurda at Bhubaneswar has declined to allow exemption from personal attendance of the Petitioner by rejecting the application filed by the Petitioner under Sec. 205 Cr.P.C. in PMLA Case No.32 of 2017.

(2.) Heard Mr. M.M. Pattanayak, learned counsel for the petitioner as well as Mr. Bibekananda Naik, learned counsel appearing for the Enforcement Directorate. Perused the application under Sec. 482 Cr.P.C. as well as materials placed on record by both sides for perusal of this Court.

(3.) The factual background leading to filing of the present case, in short, is that the Petitioner while continuing as Executive Engineer, RWS&S Division, Bhubaneswar during the year 2009 was entangled in Bhubaneswar Vigilance P.S. Case bearing F.I.R. No.28 dtd. 20/8/2009 under Sec. 13/2 read with Sec. 13(1)(e) of the P.C. Act, 1988. A charge sheet was submitted against the Petitioner vide C.S. No.27 dtd. 31/12/2015 after lapse of more than 6 years of the institution of the vigilance case. On the basis of the aforesaid vigilance F.I.R., the case was registered by the Enforcement Directorate at Bhubaneswar bearing E.C.I.R. No.18 dtd. 27/10/2010 against the present Petitioner.