LI Network
Published on: December 23, 2023 at 12:37 IST
The Delhi High Court has ruled that the Serious Fraud Investigation Office (SFIO) is not prohibited from investigating offenses under the Indian Penal Code (IPC).
The Court rejected a petition seeking to quash the FIR filed by the SFIO, along with the sanction letter from the Ministry of Corporate Affairs, allowing the SFIO to investigate and the complaints before Trial and Special Courts.
The Court noted that the officer filing the report is deemed equivalent to the officer in charge of a police station under Section 173(2) of the CrPC.
It emphasized the Special Court’s jurisdiction to adjudicate on offenses beyond those specified in the Act, as per Section 436(2), including the SFIO’s authority to investigate such offenses.
“It was pointed out that Section 436(2) of the Act gives power to the learned Special Court to try an offense other than the offenses under the Act at the same trial and that would give jurisdiction to the SFIO for investigation as well as prosecution for offenses punishable under the IPC,” observed the Bench of Justice Amit Sharma.
The petition was dismissed, and the court concluded that the absence of prior approval does not automatically invalidate the cognizance taken by the Special Court.
The SFIO is not barred from conducting further investigations into IPC offenses, and a comprehensive interpretation of relevant provisions in the CrPC and the Companies Act confirms the SFIO’s authority in this regard.
Case Title: R.K. Gupta & Ors. v Union Of India (Through Ministry Of Corporate Affairs) & Anr
