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2023 Supreme(Del) 4286

SUBRAMONIUM PRASAD
Securities & Exchange Board of India – Appellant
Versus
Arihant Jain – Respondent


Advocates appeared:
Ms. Sandhya Kohli, Advocate, for the Petitioner.
Mr. Sunil Sethi, Advocate, for R-1.

JUDGMENT

1. The instant appeal has been filed under Section 401 of the Code of Criminal Procedure, 1973(`CrPC') by Securities and Exchange Board of India, 1992 (`SEBI') assailing the order dated 24.03.2009 passed by the Learned Additional Sessions Judge in Revision Petition bearing No. 61/2008 titled `Arihant Jain v. State & Anr.' (`Impugned Order'). Vide the Impugned Order, the Learned Additional Sessions Judge set aside the summoning order dated 20.03.2000 passed by the Ld. Trial Court qua Mr. Arihant Jain, i.e., Respondent No.1 herein.

2. It emerges that SEBI had filed a Complaint under Sections 24 and 27 of the Securities and Exchange Board of India Act, 1992 (`SEBI Act') and Regulations 4(a), 4(e) and 4(e) of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 1995 read with Regulation 6(1), 6(3), 8(1), 10(1) and 10(2) of the SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 1994 and Section 200 of the CrPC against inter alia Mr. Arihant Jain, the Accused No. 13 therein (`Complaint'). It was alleged that one M/s Ideal Hotels and Industries Ltd. (`IHIL') had bought back its shares through its own group compa

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