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Supreme Court - Daily Orders

The Muthoot Finance Limited Through Its ... vs The Inspector Of Police on 13 December, 2024

Bench: Abhay S. Oka, Pankaj Mithal

                                                         1

                                     IN THE SUPREME COURT OF INDIA
                                    CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL APPEAL NOS.__________/2024
                  [@ SPECIAL LEAVE PETITION (CRIMINAL) NOS.12919-12920/2024]



                THE MUTHOOT FINANCE LIMITED
                THROUGH ITS MANAGING DIRECTOR                                   APPELLANT(S)

                                                               VERSUS

                THE INSPECTOR OF POLICE & ORS.                                  RESPONDENT(S)


                                                   O R D E R

Heard learned counsel for the appellant, learned counsel appearing for the State and learned counsel appearing for respondent no.2. Rest of the respondents have been served with the notice.

Leave granted.

While rejecting the prayer under Section 438 of the Code of Criminal Procedure, 1973, the High Court could not have directed investigation through Deputy Superintendent of Police/Assistant Commissioner. Moreover, further directions regarding investigation ought not to have been issued. Therefore, directions contained in clauses (i) to

(iii) of paragraph 7 of the impugned order are hereby set Signature Not Verified aside.

Digitally signed by

However, all the remedies of the private KAVITA PAHUJA Date: 2024.12.17 18:14:13 IST Reason:

respondents are kept open. It will be also open for the 2 private respondents to challenge the impugned order to the extent to which prayer for anticipatory bail was also rejected.
The appeals are partly allowed on above terms. Pending application(s), if any, shall stand disposed of.
.........................J. (ABHAY S.OKA) ..........................J. (PANKAJ MITHAL) NEW DELHI;
DECEMBER 13, 2024 3 ITEM NO.54 COURT NO.5 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (Crl.) Nos.12919- 12920/2024 [Arising out of impugned final judgment and order dated 13-03-2024 in CRLOP(MD) No. 2144/2024 and order dated 13- 03-2024 in CRLOP(MD) No. 2147/2024 passed by the High Court of Judicature at Madras at Madurai] THE MUTHOOT FINANCE LIMITED THROUGH ITS MANAGING DIRECTOR Petitioner(s) VERSUS THE INSPECTOR OF POLICE & ORS. Respondent(s) (IA No.204580/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 13-12-2024 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Vivek Chib, Sr. Adv.
Mr. Jogy Scaria, AOR Mr. Alex M Scaria, Adv.
Mrs. Beena Victor, Adv.
Mrs. Saritha Thomas, Adv. Ms. M Priya, Adv.
Mr. Ashwani Kumar Soni, Adv.
For Respondent(s) Mr. Sabarish Subramanian, AOR Mr. Bhaskar Naidu, Adv.
Mr. Amit Kumar Jha, Adv.
Mr. Karan Kapur, Adv.
Mr. Naveen Kumar Kohar, AOR Mr. Kailashi Uday Kapoor, Adv.
4
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are partly allowed in terms of the signed order which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(KAVITA PAHUJA) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)