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2025 Supreme(Online)(Cal) 1850

CALCUTTA HIGH COURT
th Spl. Court Kolkata, J
SECURITIES AND EXCHANGE BOARD OF INDIA – Appellant
Versus
M/S. MPS GREENERY DEVELOPERS LIMITED AND ORS – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:

1. The revisional application has been preferred against an order dated 09.02.2023 and 30.06.2023 passed by the learned Judge, 5th Special Court, Kolkata in Special Case No. SEBI/72 of 2017 under Sections 11 (4)/11B/12 (1B) of the Securities and Exchange Board of India Act, 1992 and Regulation 5(1) read with Regulation 68(1)/68(2)/73/74 of the SEBI (Collective Investment Schemes) Regulations, 1999 and for offences punishable under sections 24(1)/27 of the Securities and Exchange Board of India Act thereby allowing the petition under Section 91 of the Code of Criminal Procedure preferred by the accused persons and directing the petitioner to produce and handover documents mentioned in the said petition to the accused persons.

2. Vide the order dated 09.02.2023, the Judge, 5th Special Court, Kolkata allowed the application under Section 91 Cr.P.C. filed by the accused persons.

3. The relevant part of the said order is reproduced here:-

―Order No. 57 dated 09.02.2023 ……….Upon going through the list of documents are mentioned in paragraph ’3’ of the petitioner under consideration I find that these documents are all supposed to be in the custody of SEBI itself since it is their own docum

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