Arrest of Subrata Roy and two others Stayed by Allahabad High Court


Shivani Gadhavi

Published On: February 17, 2022 at 18:22 IST

The Allahabad High Court on February 11, 2022 put a Stay on the Arrest Order of Indian Businessman Subrata Roy and two others vis-a-vis Deputy Chairmen of Sahara India Pariwar in connection with Fraud Case.

The Allahabad High Court Bench of Justice Syed Aftab Hussain Rizvi passed the Order of the stay after hearing the Plea of Om Prakash Srivastava (One of the Accused persons). An application was filed by an Investigating Officer (IO) against the three Accused persons vis-a-vis Subrata Roy, O P Srivastava and Swapna RaiFe, before the Chief Judicial Magistrate of Siddharth Nagar.

The Case is pertaining to an issuance of Non-Bailable Warrants against the three Accused persons (current Applicants) who are Allegedly Accused of Charges Punishable with Offences mentioned under Section 406 (Punishment for Criminal Breach of Trust) and Section 420 (Cheating and dishonestly inducing delivery of property) of the Indian Penal Code.

The Counsel for the Petitioner, Advocate Pawan Kumar Rao, submitted in the current hearing that “I.O. has moved an Application which is undated and contains no necessary particulars. Only general and bald averments have been made that Applicants are appearing for statements despite Notice.”

The Advocate furthermore contended that, “In fact, no Notice has been served on the Applicants nor they have avoided any Notice. Applicants are willing to cooperate in the Trial and shown their willingness and I.O. has also acknowledged it in his subsequent report dated 8.11.2021.”

The Allahabad High Court Single-Judge Bench in this regard ruled that, “Till the next date of listing the impugned Non Bailable Warrant dated 5.10.2021 issued by C.J.M. Siddharth Nagar shall be kept in abeyance if not executed yet subject to the condition that Applicants will cooperate in the Investigation and will make themselves available as and when required by the Investigating Agency.” The matter was further listed for February 18, 2022.

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