RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 27:

1. Since these matters are interlinked and, as such, both are heard together and being disposed of by a common order.

2. Both of these criminal revision petitions have been filed under Section 397 and 401 of Cr.P.C.

3. Criminal Revision No. 1091 of 2012 is directed against the order dated 25.09.2012 passed by the learned Special Judge, CBI cum PMLA, Ranchi in in connection with ECIR/02/PAT/09/AD registered for the offence under section 3 and punishable under section 4 of the Prevention of Money Laundering Act, 2002 (in short PMLA, 2002) whereby and whereunder, the application filed by the petitioner seeking discharge has been rejected.

4. Criminal Revision No.1326 of 2018 is directed against the order dated 13.06.2018 in connection with ECIR/02/PAT/09/AD registered for the offence under section 4 of the PMLA, 2002 whereby and whereunder, the charge has been framed against the petitioners with respect to Supplementary Complaint.

Factual Matrix:

5. The brief facts of the case as per the pleading made in the instant petition which requires to be enumerated herein, read as under:

(i) The Petitioner filed the Cr. Rev. 1091 of 2012 challenging the Order dated 25.09.2012 passed by the learned Special Judge, CBI cum PMLA at Ranchi in the petitioner's application for discharge filed under section 227 of the Cr. P. C. against the Complaint dated 06.10.2010 filed by the Opposite Party against the Petitioner under section 45 of the PMLA, 2002.

(ii) The petitioners filed Cr. Rev. No.1326 of 2018 challenging the Order dated 13.06.2018 passed by the learned Special Judge, CBI cum PMLA at Ranchi whereby charges have been framed against the petitioners with respect to Supplementary Complaint.

(iii) It needs to refer herein that the petitioner's (in Cr. Rev. No.1326 of 2018) application for discharge filed under section 227 of the Cr. P. C. against the Supplementary Complaint dated 14.02.2018 filed by the Opposite Party against the petitioners-Manoj Kumar Babulal Punamiya and his 2 companies Balaji Lifestyle Realtors Private Limited and Balaji Universal Tradelink Private Limited under section 45 of the PMLA, 2002 has been dismissed vide order dated 07.06.2018 and consequent to the aforesaid dismissal of the said discharge application charges have been framed against the petitioners.

(iv) It is pleaded that an application under section 156(3) of the Code was filed in the Hon'ble Court of Vigilance Judge Cum Additional Judicial Commissioner Ranchi praying for taking cognizance of offence u/s 409, 420, 423, 424, 465, 120-B of the Indian Penal Code 1860 read with sections 7, 10, 11 and 13 of the Prevention of Corruption Act 1988 against the accused persons and the petitioner was not amongst the accused named in the said complaint application;

(v) It is pleaded that pursuant to the cognizance of the above complaint application, u/s 156(3) by the said learned Court, a F.I.R. came to be filed bearing number 09/09 dated 02.07.2009 against the accused persons. The petitioner was not amongst such accused persons;

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BPyx7Ricn9TWGqcmEy2bmFIW2ibDQ6s%2Bnho4%2F82CqIwn&caseno=Cr.Rev./1091/2012&cCode=1&cino=JHHC010111092012&state_code=7&appFlag=)

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