VidhiSangh

Supreme Court of India · 12/05/2025

NDA SECURITIES LTD. versus STATE (NCT OF DELHI) & ANR.

[2025] 6 S.C.R. 360 · 2025 INSC 676

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Summary

During an incomplete investigation into a share purchase procured by an impersonating caller, the High Court under Section 482 CrPC ordered release on superdari of Rs.15.90 lakh of sale proceeds withheld by the BSE to the seller company, whose role was still under investigation and which the chargesheet named as the main beneficiary. The Court held that the High Court exceeded its inherent jurisdiction by effectively giving the seller a clean chit while the main accused was absconding; the orders of the Magistrate and the revisional court declining release were restored and the money is to stay with the BSE during the trial.

Issues

  1. Whether the High Court, in exercise of inherent jurisdiction under Section 482 CrPC, could direct release of withheld sale proceeds to a party whose role in the alleged fraud was still under investigation.
  2. Whether observations exonerating such a party were permissible before the investigation was complete.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 25.02.2025 set aside; the sale value of the shares (Rs.15.90 lakh) to remain with the BSE during the pendency of the trial; no observations on merits; trial court directed to proceed expeditiously; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 360.