Supreme Court - Daily Orders
Directorate Of Enforcement Etc. vs Bibhu Prasad Acharya Etc. Etc. on 3 November, 2022
Bench: Chief Justice, Bela M. Trivedi
1
ITEM NO.4 COURT NO.1 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).5825-5827/2019
(Arising out of impugned final judgment and order dated 21-01-2019
in CRLP No. 3988/2016 21-01-2019 in CRLP No. 11942/2018 21-01-2019
in WP No. 2253/2018 passed by the High Court For The State Of
Telangana At Hyderabad)
DIRECTORATE OF ENFORCEMENT ETC. Petitioner(s)
VERSUS
BIBHU PRASAD ACHARYA ETC. ETC. Respondent(s)
Date : 03-11-2022 These petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s)
Mr. Tushar Mehta, SG
Mr. S.V. Raju, ASG
Ms. Sonia Mahtur Sr. Adv.
Mr. Kanu Agrawal, Adv.
Mr. Annam Venkatesh, Adv.
Mr. Zoheb Hussain, Adv.
Mr. M.K. Maroria, AOR
Mr. B. Krishna Prasad, AOR
For Respondent(s) Ms Kiran Suri, Sr Adv.
Mr Abhay Nath Das, Adv
Mr. S.J. Amith, Adv.
Ms. Aishwaraya Kumar, Adv.
Ms. Vidushi Garg, Adv.
Mr. Satish Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Mr. S.V. Raju, learned Additional Solicitor Digitally signed by Neetu Khajuria Date: 2022.11.04 19:27:56 IST Reason: General appearing in support of the petition submits that Mr. Bibhu Prasad Acharya, respondent 2 No.1 in Special Leave Petition (Crl.) Nos.5825- 5827/2019, at the relevant time, was an officer working with Andhra Pradesh Industrial Infrastructure Corporation (APIIC), a Public Sector Undertaking and distinct Corporate entity. It is, therefore, submitted that the protection available under Section 197 of the Code of Criminal Procedure would not get attracted in case of said officer.
This submission was neither advanced at any stage before the Courts below nor has it been taken as ground in support of the present special leave petitions. However, since it is a question of law, we permit the petitioners to raise this but at the same time, we grant time of three weeks to the learned counsel for respondent(s) to put in affidavit in response touching upon this issue. Let the needful be done within four weeks from today.
List the matters on 5th December, 2022.
(NEETU KHAJURIA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS COURT MASTER