Whether SFIO Officers are police officers under the CrPC? Question of Law left opened by SC
Last Updated on January 18, 2024 by News Desk
Background:- The litigation came up when the Ministry of Corporate Affairs had ordered the investigation into the affairs of 15 companies. The SFIO had appointed the team of inspectors who were supposed to carry out investigations but later they were sanctioned to investigate other companies. The MCA sanctioned the SFIO to prosecute the petitioners. Consequently, a complaint was filed making the petitioners accused. The petitioners approached the HC
Issue:- The petition for quashing a complaint that was filed by the Serious Fraud Investigation Office, was dismissed by the SC and thus a question was raised before the court that whether SFIO is to be construed as police officers under the CrPC
Analysis: – The matter was placed before the bench of Justices Sanjiv Khanna and Dipankar Datta.
The HC had taken the view concerning the impugned order that after the harmonious and conjoint reading of the companies act as well as the crpc, it cannot be said that the Serious Fraud Investigation Officer is not barred from investigating offences under the IPC
In its order of 16th January, it was observed by the SC that the question has not airsen directly therefore this judgment cannot act as a precedent.
Case Title:- R.K. GUPTA vs. UNION OF INDIA., Diary No.- 785 – 2024 Citation : 2024 LiveLaw (SC) 45
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
