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Supreme Court of India 2025-05-13 allowed

NDA Securities Ltd vs State (NCT of Delhi) & Anr

Bench: 2 — Sudhanshu Dhulia, K. Vinod Chandran

In Brief

NDA Securities alleged that respondent company's shares were fraudulently sold via impersonation, and the BSE withheld the sale proceeds (Rs. 15.90 lakhs) pending investigation. The respondent sought release of these funds via Section 482 CrPC petition, which the High Court granted. The Supreme Court reversed this, holding the High Court exceeded its inherent jurisdiction by effectively conducting a mini-trial and prematurely exonerating the respondent when investigation remained incomplete and the respondent was the main beneficiary of the alleged fraud. The Court kept the funds with BSE pending trial, emphasizing that investigation integrity should not be compromised.

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Criminal Procedure Inherent Jurisdiction Section 482 CrPC Fraud Investigation Securities/BSE Asset Freezing Criminal Appeal

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