SANJAY KUMAR vs SECURITIES AND EXCHANGE BOARD OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th JANUARY, 2025 IN THE MATTER OF: + CRL.M.C. 507/2022 & CRL.M.A. 2212/2022 SANJAY KUMAR .....Petitioner Through: Mr. Jagdeep Singh Bakshi, Sr. Advocate with Ms. Anshika Maheshwari, Ms. Varada Bhutani, Mr. Mudit Jain, Mr. Amitesh Singh Bakshi, Mr. Navroop Singh Bakshi, Ms. Mahima Malhotra and Mr. Neetej, Advocates. versus SECURITIES AND EXCHANGE BOARD OF INDIA .....Respondent Through: Ms. Pinky Anand, Sr. Advocate with Mr. Ashish Aggarwal and Ms. Asees Jasmine Kaur, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The Petitioner has approached this Court for quashing/setting aside of the Order dated 26.11.2021 passed by the Ld. Additional Sessions Judge, Tiz Hazari, dismissing an application filed by the Petitioner under Section 91 Cr.P.C. The Petitioner had filed the said application seeking directions to the Respondent-Security and Exchange Board of India (hereinafter "SEBI") to place on record all the statements/findings/documents considered by the High Powered Advisory Committee (hereinafter "HPAC") and the panel of Whole Time Members (WTC) while rejecting the request of the Petitioner herein for compounding the offence alleged in the complaint against the Signature Not Verified Digitally Signed CRL.M.C. 507/2022 Page 1 of 14 By:RAHUL SINGH Signing Date:16.01.2025 18:35:58 Petitioner herein. 2. Shorn of unnecessary details, the facts leading to the filing of the present petition are as under"- a. On 28.05.2004, a criminal complaint, being Criminal Complaint No.12/2016, was filed by the Responder under Section 200 of the CrPC read with Section 26 of the SEBI Act, 1992 before the learned trial Court against the Petitioner and another accused Mr. Vivek Nagpal under Section 11C(6) read wit