SLP(C) 9729-9730/2022

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ITEM NO.1 COURT NO.2

SECTION XVII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) Nos.9729-9730/2022

(Arising out of impugned final judgment and order dated 13-05-2022

in WPPIL No.4290/2021 17-05-2022 in WPPIL No.4290/2021 passed by

the High Court of Jharkhand at Ranchi)

THE STATE OF JHARKHAND Petitioner(s)

VERSUS

SHIV SHANKAR SHARMA & ORS. Respondent(s)

(With I.R. and IA No.78131/2022-EXEMPTION FROM FILING C/C OF THE

IMPUGNED JUDGMENT and IA No.78136/2022-EXEMPTION FROM FILING O.T.,

IA No.78402/2022 - APPROPRIATE ORDERS/DIRECTIONS, IA No.78131/2022

- EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA

No.78136/2022 - EXEMPTION FROM FILING O.T. and IA No.79353/2022 -

PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 24-05-2022 These matters were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

HON'BLE MS. JUSTICE BELA M. TRIVEDI

For Petitioner(s)

Mr. Kapil Sibal, Sr. Adv.

Mr. Rajiv Ranjan, Sr. Adv.

Mr. Arunabh Chowdhury, Sr. Adv.

Ms. Pragya Baghel, Adv.

Mr. Jayant Mohan, Adv.

Ms. Pallavi Langar, AOR

Ms. Anusha, Adv.

Digitally signed by

Chetan Kumar

Date: 2022.05.24

15:58:31 IST

Reason:

Signature Not Verified

SLP(C) 9729-9730/2022

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Ms. Aparajita Jamwal, Adv.

Mr. Krishna Raj Thakar, Adv.

For Respondent(s)

Mr. Tushar Mehta, SG

Mr. Kanu Agrawal, Adv.

Mr. Shantanu Sharma, Adv.

Mr. Bhuvan Kapoor, Adv.

Mr. Om Prakash Shukla, Adv.

Ms. Deepabali Dutta, Adv.

Mr. Mukesh Kumar Maroria, AOR

For R-6

Mr. Mukul Rohatgi, Sr. Adv.

Ms. Ranjeeta Rohatgi, Adv.

For R-1 Mr. Nirmal Kumar Ambastha, AOR

Mr. Rakesh Kumar Singh, Adv.

Ms. Ashmita Bisarya, Adv.

Mr. Prashant Kumar Srivastava, Adv.

UPON hearing the counsel the Court made the following

O R D E R

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A batch of three writ petitions is pending before the Division Bench of the

High Court of Jharkhand:

(i)

In Writ Petition (PIL) No 4632 of 2019; the petitioner, Arun Kumar

Dubey, seeks, inter alia, a direction to the Directorate of Enforcement to

investigate 15 FIRs pertaining to alleged offences arising out of the

disbursement of MANREGA funds to Khunti Zila Parishad implicating

offences under Sections 406, 409, 420, 423, 429, 465 and 120B of the

Indian Penal Code and Sections 11, 12(2) and 13(1)(e) of the Prevention

of Corruption Act, 1988;

(ii)

In Writ Petition (PIL) No 4290 of 2021; the petitioner, Shiv Shankar

Sharma seeks a direction for an investigation into the alleged transfer of

SLP(C) 9729-9730/2022

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monies by the Soren family in the names of respondent Nos 8 to 13

through the instrumentality of certain shell companies; and

(iii) In Writ Petition (PIL) No 727 of 2022; the petitioner Shiv Shankar

Sharma seeks a direction for sanctioning the prosecution of the Chief

Minister for obtaining a mining lease in his own name implicating

offences under the provisions of the Prevention of Corruption Act, 1988

and the Indian Penal Code.

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On 22 April 2022, when Writ Petition (PIL) No 4290 of 2021 came up before a

Division Bench presided over by the Chief Justice, the Court recorded the

submission of the counsel for the State that “an identical writ petition was

dismissed with costs by this Court filed by the same counsel and the matter

went up to the Supreme Court” where the Special Leave Petition was

dismissed. After issuing certain procedural directions for the impleadment of

the Registrar of Companies, the Division Bench directed that the proceedings

in Writ Petition (PIL) No 4290 of 2021 be placed along with the records of Writ

Petition (PIL) No 4218 of 2013 on 13 May 2022.

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On 13 May, 2022, the High Court, inter alia, noted the submissions of the

State of Jharkhand objecting to the maintainability of the pe