Maharashtra & ANR. Vs. Sanjay Dalmia & Ors.  INSC 1622 (5 October
SUPREME COUIRT OF INDIA CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPEAL NOS.
1872-1873 OF 2009 (Arising out of SLP(Crl.) Nos.6900-6901/2009) STATE OF
MAHARASHTRA AND ANR. .... APPELLANT(S) VERSUS WITH CRIMINAL APPEAL NO. 1874 OF
2009 (Arising out of SLP(Crl.) No.7294/2009) M/S. INDIABULLS FINANCIALS
SERVICES LTD. .... APPELLANT(S) VERSUS
O R D E R
will dispose of both these appeals. Brief facts which are necessary to dispose
of these appeals are recapitulated as under:
The First Information Report, (for short the FIR) No.137/2009
dated 25th July, 2009 under Sections 420 and 120-B of the I.P.C. has been filed
at the Police Station Colaba, District Mumbai, against the respondent Sanjay
respondent filed a writ petition for quashing the said FIR before the High
Court of Delhi at New Delhi. The learned Single Judge of the Delhi High Court
has directed the respondent to join the investigation and further directed that
there shall be stay of any coercive process against the respondent by the
of Maharashtra and the complainant have approached this Court against the said
order dated 26.8.2009 passed by the learned Single Judge of the Delhi High
Court in Writ Petition (Criminal) No. 1184/2009.
facts and circumstances of the case, we direct the respondent Sanjay Dalmia to
join the investigation and fully cooperate with the 3 Investigation Agency. In
case, the respondent wants to initiate any proceedings emanating from FIR No. 137/2009,
the same would be initiated only in Mumbai Courts. The subordinate courts in
Mumbai would decide those proceedings on the merits of those proceedings
without being influenced by the order of the High Court of Delhi dated
26.8.2009 passed in Writ Petition (Crl.) No. 1184/2009.
respondent is further directed to deposit his passport with the Registrar
General of the High Court of Bombay, within ten days from today. The respondent
Sanjay Dalmia is permitted to travel abroad only after obtaining prior
permission of the Bombay High Court. The interim protection granted by the
Delhi High Court shall continue for a further period of six weeks.
facts and circumstances of the case, we deem it appropriate to transfer the
proceedings of Writ Petition (Crl.) No. 1184/2009 pending before the learned
Single Judge of the Delhi High 4 Court to the Bombay High court. The Registrar
General of the Delhi High Court is directed to send the records of Writ
Petition (Crl.) No. 1184/2009 to the Bombay High Court.
request the Hon'ble Chief Justice of the High Court of Bombay to assign (Writ
Petition (Crl.) No.1184/2009) transferred from the Delhi High Court to Bombay
High Court, to an appropriate Bench. All the parties may appear before the
Bombay High Court on 3rd November, 2009.
appeals are disposed of accordingly.
...................J (DALVEER BHANDARI)
...................J (Dr. MUKUNDAKAM SHARMA)
OCTOBER 5, 2009.