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2009 Supreme(SC) 1865

DALVEER BHANDARI, MUKUNDAKAM SHARMA
State of Maharashtra – Appellant
Versus
Sanjay Dalmia – Respondent


ORDER :

1. Leave granted.

2. This order will dispose of both these appeals. Brief facts which are necessary to dispose of these appeals are recapitulated as under:

The First Information Report, (for short the FIR) No. 137/2009 dated 25th July, 2009 Under Sections 420 and 120-B of the Indian Penal Code has been filed at the Police Station Colaba, District Mumbai, against the Respondent Sanjay Dalmia.

3. The Respondent filed a writ petition for quashing the said FIR before the High Court of Delhi at New Delhi. The learned Single Judge of the Delhi High Court has directed the Respondent to join the investigation and further directed that there shall be stay of any coercive process against the Respondent by the State.

4. The State of Maharashtra and the complainant have approached this Court against the said order dated 26.8.2009 passed by the learned Single Judge of the Delhi High Court in Writ Petition (Criminal) No. 1184/2009.

5. In the facts and circumstances of the case, we direct the Respondent Sanjay Dalmia to join the investigation and fully cooperate with the Investigation Agency. In case, the Respondent wants to initiate any proceedings emanating from FIR No. 137/2009, the same wou




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