Chandra Shekhar Chauhan v. Securities Exchange Board Of India & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2360/2017, CRL.M.A. 13370/2017 CHANDRA SHEKHAR CHAUHAN .....Petitioner Through:

Mr. Harshit Sethi, Ms. Mansi Tripathi and Mr. Kartik Yadav, Advocates.

Versus

SECURITIES EXCHANGE BOARD OF INDIA & ANR .....Respondent Through:

Mr. Pratap Venugopal, M.r Ashish Aggarwal and Ms. Usha, Arora, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 05.05.2025 1.

A Petition under Article 226 and 227 Constitution of India has been filed for quashing of Criminal Complaint No.1/2016. Relief (d) to (g) have been sought to challenge the Attachment Orders and the relief (h) to (l) are for appointment of the Committee for distribution of the refunds to the Investors.

2.

Learned counsel for the Respondent submits that the Attachment Order for which prayer has been made vide Clause (d0 to (g) has already been lifted. In so far as other reliefs are concerned, the Committee already stands appointed by the High Court of Calcutta. In so far as relief (a) is concerned, the matter is pending at the stage of Arguments on Charge and the contentions raised herein can be considered by the learned Trial Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:10:39

3.

Submissions heard and record perused.

4.

The only relief which survives in the Petition is quashing of the Complaint. As rightly submitted, the matter is pending at the stage of Arguments on Charge. The contentions raised for the discharge are identical to those which can be raised for the quashing of the Complaint, before the learned Trial Court.

5.

There is nothing survives in the present Petition which is disposed of with liberty to the Petitioner to raise the grounds for discharge before the learned Trial Court.

6.

Needless to say, in case the Petitioner is aggrieved by the Order on Charge, he is at liberty to approach this Court in accordance with law. 7.

The Petition stands disposed of along with the pending Application(s). NEENA BANSAL KRISHNA, J MAY 5, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:10:39