Supreme Court - Daily Orders
Ofb Tech Pvt. Ltd vs The State Of Nct Of Delhi on 8 December, 2025
1
ITEM NO.25 COURT NO.16 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 (Criminal) No. 481/2025
OFB TECH PVT. LTD Petitioner(s)
VERSUS
THE STATE OF NCT OF DELHI & ORS. Respondent(s)
FOR ADMISSION
IA No. 296186/2025 - EXEMPTION FROM FILING O.T.
Date : 08-12-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.V. VISWANATHAN
HON'BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) :Mr. K. Parmeshwar, Sr. Adv.
Ms. Vishakha Panchal, Adv.
Ms. Vagisha Kochar, AOR
Mr. Pawan Aneja, Adv.
For Respondent(s) :Mr. P.V. Dinesh, Sr. Adv.
Mr. Deepak Prakash, AOR
Mr. Sriram P., Adv.
Ms. Jyoti Pandey, Adv.
Ms. Divyangna Malik, Adv.
Mr. Rahul Suresh, Adv.
Ms. Shivangi Rajawat, Adv.
Mr. Rahul Rajeev, Adv.
Ms. Manshi Sinha, Adv.
Mr. Sankalp Tewari, Adv.
Ms. Ridhika Singh, Adv.
Mr. Azim Basheer, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Issue notice.
2. Signature Not Verified Mr. K. Parmeshwar, learned senior counsel for the petitioner Digitally signed by LOKESH ARORA Date: 2025.12.09 contends 17:48:55 IST Reason: that though the FIR registered with Police Station Khekdas, Baghpat was the first FIR, there is only one accused arrayed there. However, the FIR registered with the Economic 2 Offences Wing, there are 16 accused arrayed and is more comprehensive and falls in the exceptional category of cases which can be treated as the lead FIR.
3. Learned senior counsel relied on the judgment of this Court in the case of Amish Devgan Vs. Union of India and Ors.: (2021) 1 SCC 1, which reads thus:-
“84. Lastly, we would also like to clarify that Section 179 of the Criminal Code permits prosecution of cases in the court within whose local jurisdiction the offence has been committed or consequences have ensued. Section 186 of the Criminal Code relates to cases where two separate charge-sheets have been filed on the basis of separate FIRs and postulates that the prosecution would proceed where the first charge-sheet has been filed on the basis of the FIR that is first in point of time. Principle underlying section 186 can be applied at the pre-charge-sheet stage, that is, post registration of FIR but before charge-sheet is submitted to the Magistrate. In such cases ordinarily the first FIR, that is, the FIR registered first in point of time, should be treated as the main FIR and others as statements under Section 162 of the Criminal Code. However, in exceptional cases and for good reasons, it will be open to the High Court or this Court, as the case may be, to treat the subsequently registered FIR as the principal FIR. However, this should not cause any prejudice, inconvenience or harassment to either the victims, witnesses or the person who is accused. We have clarified the aforesaid position to avoid any doubt or debate on the said aspect.”
4. List the matter on 27.01.2023.
5. Liberty to serve the standing counsel of the State of Uttar Pradesh and Delhi by dasti is granted.
6. Mr. P.V. Dinesh, learned senior counsel instructed by Ms. Jyoti Pandey, learned counsel, appears on caveat for the third 3 respondent and accepts notice. Hence, formal service of notice upon the said respondent is waived.
(LOKESH ARORA) (MANOJ KUMAR-II) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)