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2023 (2) TMI 1142 - SC - Insolvency and BankruptcyLocus Standi of Petitioner to file SLP - Seeking Extension of transit anticipatory bail granted - order impugned by the petitioner arises out of the proceedings initiated by the respondents herein before High Court of Delhi, challenging the First Information Report lodged against them - petitioner contends that the petitioner is an interested party to challenge the extension of anticipatory transit bail granted to the respondents who are suspended directors of the company against which insolvency proceedings are pending under IBC. HELD THAT:- It is an admitted fact that the petitioner is neither the informant nor a party to the proceedings pending before the High Court and is totally unconnected with the First Information Report lodged by the financial creditors who were also the members of the committee of creditors. The petitioner has no locus in the matter and thus, the permission to file special leave petition cannot be granted - Application dismissed. Special Leave Petition (Crl.) No. 2653-54 of 2023 Validity of FIR - quashing of the First Information Report by invoking Section 482 of Criminal Procedure Code (Cr.PC) before the Delhi High Court - HELD THAT:- Since the proceedings are pending before the High Court of Delhi awaiting an adjudication, there is no reason or occasion to interfere with the same at this stage. There are no reason to believe that the legal position, as learned counsel for the petitioners has tried to canvass by relying upon the aforesaid judgments of this Court, will not be taken into consideration by the High Court, as and when the same is brought to its notice. Thus, no useful purpose would be served by keeping this petition pending before this Court and interest of justice would stand served by requesting the High Court to consider and decide, Criminal M.C. No. 6408 of 2022, Shiv Kumar & Ors. Vs. State of West Bengal & Anr. pending before it as expeditiously as possible preferably within a period of 6 weeks from the date of receipt of this order in accordance with law on its own merits. Writ Petition (Criminal) No. 71 of 2023 Seeking to quash the First Information Report - Sections 406,420 and 120-B of IPC - HELD THAT:- There are no reason to entertain this Writ Petition for the reliefs sought under Article 32 of the Constitution of India when the petitioners can effectively approach the jurisdictional High Court for the said reliefs, more particularly, when the petitioners have already invoked the jurisdiction of the High Court, in respect of an identical First Information Report, lodged against them at Calcutta. This Writ Petition need not be entertained. Liberty is reserved to the petitioners to approach the jurisdictional High Court by means of an appropriate proceedings, seeking appropriate reliefs. Petition disposed off.
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