Aaditya Khaitan @ Aditya Khaitan vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 722

SUDHANSHU DHULIA, K. VINOD CHANDRAN
Aaditya Khaitan @ Aditya Khaitan – Appellant
Versus
State of Jharkhand – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Gopal Sankaranarayanan, Sr. Adv. Ms. Anusuya Sadhu Sinha, Adv. Mr. Ritoban Sarkar, Adv. Ms. Priyanka Goswami, Adv. Mr. Siddharth Naidu, Adv. Mr. Vishal Sinha, Adv. Ms. Kinjal Agarwal, Adv. Ms. Ishita Choudhary, Adv. M/S. Ksn & Co., AOR
For the Respondent(s): Mr. Abhijit Banerjee, AOR Mr. Deepak Dhingra, Adv. Mr. Aastik Dhingra, Adv. Ms. Sneh Somani, Adv. Mr. Rajiv Shankar Dwivedi,Standing Counsel, Adv. Ms. Madhusmita Bora, AOR Mr. Pawan Kishore Singh, Adv. Mr. Dipankar Singh, Adv.

JUDGMENT :

K. VINOD CHANDRAN, J.

1. Leave granted.

2. The appeal is against the judgment of the High Court, refusing to invoke the power under Section 482 of the Code of Criminal Procedure, 1973,¹[the Cr.PC] to quash the FIR registered against the appellants, a company, whose officers are the appellants. The Deputy General Manager,²[the DGM] of M/s. National Building Construction Corporation Limited,³[the NBCCL] also filed a similar application, in which the FIR against him was quashed. The appellants are aggrieved with the refusal of the High Court to quash the FIR against them too, which registration of crime according to the appellants is a strong arm tactic to obtain recovery of money allegedly payable under a contract, for which arbitration proceedings are initiated, which has been stayed due to the pendency of the insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 in which a moratorium has been ordered by the National Company Law Tribunal, Kolkata Bench by order dated 29.04.2022 in Bank of India v. McNally Bharat Engineering Company Limited, [C.P (IB) No. 891/KB/2020].

3. We heard Mr. Gopal Sankarnarayanan, learned Senior Counsel appearing for the appellants, M

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