Interim Stay Granted Amid Allegations of Malafide Intent and Disruption of High-Profile Investigations by Enforcement Directorate
In a significant judicial intervention, the Jharkhand High Court has granted an interim stay on the proceedings of an FIR registered under the Bharatiya Nyaya Sanhita, 2023, citing allegations of malafide intent aimed at disrupting high-profile investigations by the Directorate of Enforcement. The matter, which involves a FIR under Airport PS Case No. 5 of 2026, was brought before the court through a criminal writ petition filed by Pratik and others against the State of Jharkhand and additional respondents.
The petitioners, represented by Advocate Amit Kumar Das, contended that the FIR was a premeditated tactic to obstruct ongoing investigations into significant financial irregularities involving influential political figures and senior bureaucrats. The Directorate of Enforcement's Ranchi Zonal Office, where the petitioners are posted as officials, is currently handling these sensitive cases, including those implicating high-ranking state officials.
The case stems from an incident involving Santosh Kumar, an accused in a large-scale misappropriation of government funds, who reportedly injured himself while at the Directorate's office. The petitioners argue that Kumar's self-inflicted injury was falsely portrayed to implicate them under various sections of the Bharatiya Nyaya Sanhita, thereby compromising the integrity of ongoing investigations.
Justice Sanjay Kumar Dwivedi, presiding over the matter, emphasized the necessity of maintaining the integrity of high-stakes investigations and preventing undue interference. The court directed immediate security measures at the Directorate of Enforcement's office, including deployment of paramilitary forces, and mandated the preservation of CCTV footage from the premises.
The High Court also underscored the protection afforded to government officials acting in good faith under the Prevention of Money Laundering Act, 2002, further highlighting the judicial system's role in safeguarding the interests of justice against malicious allegations.
The court has scheduled further hearings for February 9, 2026, with directives for the involved parties to file counter-affidavits. Until then, all proceedings related to the FIR will remain stayed, ensuring that the investigations by the Directorate of Enforcement continue unhindered.
Bottom Line:
Court grants interim stay on further proceedings and investigation of FIR registered under Bharatiya Nyaya Sanhita, 2023, considering allegations of malafide intent and disruption of ongoing high-profile investigations by Directorate of Enforcement.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023, Prevention of Money Laundering Act, 2002 Section 67
Pratik v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2839573
