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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Vikas Kumar Sikaria S/o Jugal Kishor Sikaria – Appellant
Versus
Union of India through the Secretary, New Delhi – Respondent
Headnote: Read headnote
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Aforesaid three Writ Petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”)have been filed on behalf of the Petitioners for directing CBI to investigate collusion of ROC staff, bank employees and politicians in this gigantic scam; to direct the ED to investigate money laundering, benami transactions, disproportionate assets and other economic offences; to directSFIO to investigate corporate, capital market & forensic fraud, etc.; and appoint a Forensic Auditorfor recovery of petitioners’ hard earned money.
2. The facts narrated in the Petitions are that on 01.04.2020, Petitioners came to know that Westland Trade Pvt. Ltd. is
The High Court emphasized that CBI investigations are warranted only in exceptional cases; existing agency actions sufficiently addressed the fraud allegations.
The court emphasized that investigations into corporate fraud must be fair and impartial, directing the transfer of the case to CBI due to inadequate local police handling.
The Serious Fraud Investigation Office has the authority to investigate under the Companies Act without prior approval under Section 219, and it may also investigate offences under the IPC as per the....
The court established that the transfer of investigation to the CBI is not routine and should only occur in exceptional circumstances to maintain public confidence in the investigation process.
The court established that the right to a fair investigation is fundamental, and when there are serious allegations of police misconduct, it may necessitate the transfer of the investigation to an in....
Court mandated an independent investigation by the CBI into allegations of financial irregularities involving public officials to maintain credibility and protect public interest.
Court confirms that the assignment of investigation to the Serious Fraud Investigation Office under Section 212 can occur regardless of ongoing inquiries under Section 210, without violating principl....
The court's emphasis on the conclusion of the investigation by Investigating Agencies as a central legal point.
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