Pramod Kumar Patra Vs Assistant Director (PMLA) (Orissa High Court)
Summary: The Orissa High Court considered a petition under Section 528 of the BNSS, corresponding to Section 482 of Cr.P.C., challenging the order dated 02.07.2026 passed by the Additional Sessions Judge-cum-Special Judge (CBI-I), Bhubaneswar in CMC (PMLA) Case No.60 of 2018 under the Prevention of Money Laundering Act, 2002. By the impugned order, the trial court had issued a non-bailable warrant of arrest against the Petitioner.
The Petitioner contended that pursuant to summons issued in the PMLA proceedings, he had appeared before the designated court and participated in the proceedings. However, on 02.07.2026, neither he nor his lawyer appeared and no steps were taken on his behalf. The Petitioner submitted that his non-appearance was neither deliberate nor intentional and was due to a communication gap and wrong noting of the date by his counsel. He relied upon the judgments of the Hon’ble Supreme Court in Tarsem Lal vs. Directorate of Enforcement Jalandhar Zonal Office, reported in 2024 7 SCC 61, Inder Mohan Goswami & Anr. vs. State of Uttaranchal and Ors., reported in (2007) 12 SCC 1, and Vikas vs. State of Rajasthan, reported in 2013 AIR SCW 6256. He also referred to judgments of the Orissa High Court in Rajat Choudhury vs. Union of India (Enforcement Directorate), decided in CRLMC No.5285 of 2023 on 22.03.2024, and Durga Prasad Mishra vs. Union of India (Enforcement Directorate) and a batch of similar applications decided in CRLMC No.3753 of 2023 vide judgment dated 11.09.2023.
