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2022 Supreme(Bom) 1212

REVATI MOHITE DERE
Hari Sankaran – Appellant
Versus
Serious Fraud Investigation Officer – Respondent


Advocates appeared:
Aabad H.Ponda, Advocate, Vikrant Singh Negi, Advocate, Ekta Tyagi, Advocate, Pratik Thakkar, Advocate, P.Singhania, Advocate, Hiten S.Venegavkar, Advocate

JUDGMENT

REVATI MOHITE DERE,J. - By this application preferred under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C '), the applicant seeks quashing and setting aside of the remand orders passed by the learned Special Judge, Greater Bombay, after filing of the impugned complaint, on the premise that the Special Court had not taken cognizance of the complaint filed by the Serious Fraud Investigation Office ('the SFIO') and hence the detention/custody of the applicant was illegal. The applicant also seeks his release forthwith from the alleged illegal detention/custody on the aforesaid premise.

2. A few facts as are relevant to decide the aforesaid application are as under:-

    The applicant was arrested by the respondent-SFIO on 1/4/2019, for the alleged offence punishable under Sec. 447 of the Companies Act, 2013 vis-a-vis IL&FS Financial Services Limited ('the IFIN'). The applicant, after his arrest, was remanded to custody under File No. SFIO/INV/Unit-V/1003/IL&FS/2018-2019. On 28/5/2019, the respondent-SFIO submitted a report to the Ministry of Corporate Affairs ('MCA ') against IFIN 's Directors (including the applicant) and auditors, running into more than 32000 pages. On 29/

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