Supreme Court - Daily Orders
Yash Tuteja vs Union Of India on 19 October, 2023
Bench: Sanjay Kishan Kaul, Sudhanshu Dhulia
1
W P (Crl) No.153/2023 & W.P (CRL) NO.208/2023
ITEM NO.25 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 153/2023
YASH TUTEJA & ANR. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
([ONLY W.P (CRL) NO. 208/2023 IS LISTED] )
WITH
W.P.(Crl.) No. 208/2023 (X)
FOR STAY APPLICATION ON IA 94690/2023
FOR EXEMPTION FROM FILING O.T. ON IA 94714/2023
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
100685/2023
FOR EXEMPTION FROM FILING O.T. ON IA 100686/2023
FOR impleading party ON IA 102540/2023
FOR INTERVENTION/IMPLEADMENT ON IA 102540/2023
FOR INTERLOCUTARY APPLICATION ON IA 148111/2023
FOR EXEMPTION FROM FILING O.T. ON IA 148113/2023
FOR INTERLOCUTARY APPLICATION ON IA 150715/2023
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
210238/2023
IA No. 210238/2023 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA NO.219245/2023- APPROPRIATE ORDERS/DIRECTIONS
Date : 19-10-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE SUDHANSHU DHULIA
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv.
Mr. Siddharth Aggarwal, Sr. Adv.
Mr. Arshdeep Singh Khurana, Adv.
Mr. Malak Manish Bhatt, AOR
Ms. Neeha Nagpal, Adv.
Mr. Harsh Srivastava, Adv.
Signature Not Verified Mr. Mandeep Singh, Adv.
Digitally signed by
ASHA SUNDRIYAL
Ms. Arshiya Ghose, Adv.
Date: 2023.10.19
16:34:09 IST
Reason:
Mr. Chaitanya, Adv.
Mr. Sidak Anand, Adv.
For Respondent(s) Mr. Zoheb Hussain, Adv.
Mr. Annam Venkatesh, Adv.
2
W P (Crl) No.153/2023 & W.P (CRL) NO.208/2023
Mrs. Sairica Raju, Adv.
Mr. Kanu Agarwal, Adv.
Mr. Arkaj Kumar, Adv.
Mr. Mukesh Kumar Maroria, AOR
Mr. Mahesh Kumar, Adv.
Mr. Ankur Chawla, Adv.
Mr. Aman Preet Singh Rahi, Adv.
Mr. Nikhilesh Kumar, Adv.
Mr. Aamir Khan, Adv.
Mr. Shivam Tandon, Adv.
Ms. Prerna Mahajan, Adv.
Mr. Mahesh Kumar, Adv.
Ms. Devika Khanna, Adv.
Mrs. V D Khanna, Adv.
Mr. Vmz Chambers, AOR
Ms. Ruchira Goel, AOR
Mr. Adit Jayeshbhai Shah, Adv.
Mr. Sharanya Sinha, Adv.
UPON hearing the counsel the Court made the following
O R D E R
IA NO.210238/2023- PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA NO.219245/2023- APPROPRIATE ORDERS/DIRECTIONS IN W.P.(Crl.) No. 208/2023 Applications for exemption from filing official translation and allowed.
Application(s) for permission to file additional documents/facts/annexures is/are allowed.
Issue notice.
Learned counsel for the respondent accepts notice.
We have taken note of the fact that the High Court’s order dated 06.10.2023 in effect is sought to be assailed in these proceedings by the applications as also the order dated 13.10.2023 issuing non- bailable warrants by the trial Court.
Normally, we would have relegated the parties to a remedy in independent proceedings as urged by learned counsel for the Enforcement Directorate.
3W P (Crl) No.153/2023 & W.P (CRL) NO.208/2023 However, what troubles us is the fact that we had passed interim protective orders for the Enforcement Directorate to stay its hands on account of the fact that the complaint had been returned and that is what gave rise to the order dated 18.07.2023.
A reading of the aforesaid order, prima facie, gives rise to a scenario that the High Court ought to have continued the interim bail order to await the orders to be passed by this Court.
The High Court’s order rejecting the petition for bail and vacating the interim bail has resulted in the issuance of the NBW.
Reply may be filed by the Enforcement Directorate within three weeks.
Rejoinder, if any, be filed within two weeks thereafter.
List after six weeks.
In the meantime, the petitioner(s) would continue on interim bail and the order issuing NBW is stayed.
Order dasti.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)