UPENDRANATH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the respondent CBI.

(2.) This petition has been filed under Sec. 528 of Bhartiya Nagrik Suraksha Sanhita (BNSS) for quashing the order dtd. 8/7/2022, order dtd. 28/11/2022, order dtd. 7/3/2024 as well as order dtd. 2/5/2024, whereby the court of learned Special Judge, CBI at Ranchi has been pleased to issue warrant against the petitioner and issued processes under Sec. 82 as well as 83 CrPC respectively by those orders in connection with RC 08(A)/2017-R pending in the court of learned Additional Judicial Commissioner-XI- cum- Special Judge, CBI-II, at Ranchi.

(3.) Learned counsel appearing on behalf of the petitioner submits that summons have been issued upon the petitioner on 3/12/2020 and the petitioner has filed A.B.P No.2457 of 2020 before the learned Sessions Judge on 22/11/2020 which was rejected by order dtd. 4/1/2021. He further submits that against the said order, the petitioner has moved before this Court in A.B.A. No.963 of 2021 which was allowed by order dtd. 15/7/2021 by coordinate Bench of this Court with condition to deposit Rs.65.00 lacs to Bokaro Steel Limited and Rs.35.00 lacs to Durgapur Steel Plant. He submits that the petitioner thereafter moved before the Hon'ble Supreme Court in S.L.P.(Cr) No.7065 of 2021 against the order dtd. 15/7/2021 passed in A.B.A. No.963 of 2021 and the same was dismissed by the Hon'ble Supreme Court on 23/9/2021. He then submits that the petitioner has also filed Cr.M.P.No.3191 of 2021 on 23/11/2021 before this Court for extension of the order dtd. 15/7/2021 passed in A.B.A. No.963 of 2021 for eight weeks. He then submits that however the same has been dismissed as withdrawn on 8/12/2023. He next submits that the petitioner has moved before the Hon'ble Calcutta High Court in W.P.A. No.17203 of 2022 which was dismissed on the point of jurisdiction by order dtd. 6/12/2022. He then submits that thereafter the petitioner has moved before this Court in W.P.(Cr.) No.4/ 2023 challenging the sanction order as well as the order taking cognizance and the same petition was dismissed by the order dtd. 1/11/2023. He then submits that the petitioner against the order of the Hon'ble Court passed in W.P.(Cr.) No.4 of 2023 moved before the Hon'ble Supreme Court in S.L.P. (Cr.) Diary No.49739 of 2023 and by the order dtd. 15/3/2024, until further orders, the proceeding of the learned trial court was stayed by the Hon'ble Supreme Court and he then submits that finally the said SLP was dismissed by the Hon'ble Supreme Court on 30/1/2025. He further submits that in the aforesaid background the learned court has wrongly passed the aforesaid order of NBW and issued processes under Sec. 82 and 83 Cr.PC and in view of that the same may kindly be quashed. He then submits that in light of the judgment rendered by the Hon'ble Supreme Court in the case of Satender Kumar Antil v. Central Bureau of Investigation and Another, reported in (2022) 10 SCC 51, the petitioner is required to be released on bail. He further submits that during pendency of the stay order granted by the Hon'ble Supreme Court, the order dtd. 2/5/2024 has been passed by which process under Sec. 83 Cr.PC has been directed to be issued. On these grounds, he submits that the impugned orders may kindly be set aside.