Supreme Court of India

Serious Fraud Investigation Office v. Rahul Modi and Anr. Etc.

Neutral citation

Reported as [2019] 5 S.C.R. 91

Bench Abhay Manohar Sapre and Uday Umesh Lalit JJ.

Decided 27 March 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the petitioner could and indeed ought to have filed an application for grant of bail which prayer could be allowed by the court below, having regard to the nature of the offences allegedly committed by the petitioner and the attendant circumstances.

Judgment, page 30

From the headnote

Companies Act, 2013 – ss. 212(1), (2) and (3) – Investigation into affairs of Company by Serious Fraud Investigation Office – Period within which r eport is contemplated to be submitted to the Central Government under sub-section (3), mandator y or dir ector y – On facts, SIFO dir ected to investigate into the affairs of cer tain entities and furnish the r eport within the period of thr ee months – However , petitioners ar rested by SIFO after the expiry of the specified period for investigation u/s. 213(2) – W rit petition by petitioners seeking declaration that investigation carried out

Authorities it was built on

1999 K. Bhaskaran v. Sankaran Vaidhyan Balan and Anr. cited by 34
1952 Naranjan Singh Nathawan v. The State of Punjab cited by 13
2012 Manubhai Ratilal Patel Tr. Ushaben v. State of Gujarat & Ors. cited by 7
2000 Navinchandra N. Majithia v. State of Maharashtra and Ors. cited by 5
2014 Saurabh Kumar through His Father v. Jailor, Koneila Jail & Anr. cited by 5
2018 The State of Maharashtra & Ors. v. Tasneem Rizwan Siddiquee cited by 5
1965 A.K. Gopalan v. The Government of India cited by 2
1974 Kanu Sanyal v. Dist. Magistrate, Darjeeling & Ors. cited by 2

Where later benches applied it

2021 Gautam Navlakha v. National Investigation Agency relied on
2023 Union of India and Another v. Deloitte Haskins and Sells Llp & Anr referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2022 Serious Fraud Investigation Office and Others v. Sahara Housing Investment Corporation Limited and Others referred to

Of those, 1 relied on · 3 referred to

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