Alka Agrawal v. Enforcement Directorate

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.M.P. No. 12 of 2019 Alka Agrawal, W/o. Shri Alok Kumar Agrawal, Aged About 41 Years, Opposite to Tejaswani Girls Hostel, Parijat Extension Nehru Nagar, Bilaspur Chhattisgarh.

---- Applicant

Versus

Enforcement Directorate, Government of India, Through : Shrikant Purohit, Assitant Director, Enforcement Directorate, Raipur Sub-Zonal Office, A-1 Block Pujari, Complex, New Dhamtari Road, Pachpedi Naka, Raipur Chhattisgarh.

---- Respondent For Applicant : Mr. Rajat Agrawal, Advocate For Respondent : Dr. Sourabh Kumar Pandey, Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/01/2019 1.

This petition has been brought with prayer to rectify the clerical error in the order passed by this Court on 04.12.2018, passed in M.Cr.C.(A) No.1435/2018.

2.

It is submitted by the learned counsel for the applicant that in the first paragraph of the order dated 04.12.2018, the complaint case number and the penal sections have been erroneously mentioned, which needs to be rectified.

3.

Counsel for the respondent objects to such rectification submitting that it is a mistake committed by the applicant herself and further it was impressed upon the Court that offences were committed under the provisions of P.C. Act and under the provisions of Indian Penal Code. Therefore, the petition be rejected.

4.

I have heard the learned counsel for the parties and perused the document placed on record.

5.

On perusal of the impugned order, it appears that although there is erroneous mention in the complaint case number and the penal provision, but the facts that has been taken into consideration arose from the same case and the petitioner has been granted relief, therefore, I feel inclined to allow this petition. 6.

Accordingly, the petition is allowed and it is ordered that in the paragraph No.1 of the order dated 14.12.2018, passed in M.Cr.C.(A) No.1435/2018 instead of complaint case number 27/2015 it should be read as Case No. PMLA/1/2018 and instead of penal provision mentioned therein, it should be read as Section 3 and 4 of Prevention of Money Laundering Act, 2002.

Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram