# Hemant S. Hathi & Chetan Jayantilal vs. Central Bureau of Investigation & Ors.

> SC judgment dated 2025-11-19. Citation: TCN-2025-SC-00132. The petitioners filed writ petitions seeking to quash multiple FIRs, charge sheets, prosecution…

- **Court:** SC
- **Order date:** 19 Nov 2025
- **Citation:** TCN-2025-SC-00132
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/hemant-s-hathi-chetan-jayantilal-vs-central-bureau-of-investigation-ors-zkvhc

## Summary

### Background

The petitioners filed writ petitions seeking to quash multiple FIRs, charge sheets, prosecution complaints, and proceedings under various acts (Prevention of Corruption Act, Indian Penal Code, Prevention of Money Laundering Act, Fugitive Economic Offenders Act, Companies Act, Black Money Act) arising from alleged financial irregularities and a total defalcation amount of Rs. 5383 crores as per the FIR. These proceedings stemmed from outstanding dues to lender banks, for which One Time Settlements (OTS) were also considered.

## Facts

Writ Petition (Criminal) No. 37 of 2020 was filed by Hemant S. Hathi and Writ Petition (Criminal) No. 48 of 2020 by Chetan Jayantilal & Ors. against the Central Bureau of Investigation & Ors.

The petitions sought to set-aside/quash FIRs and further criminal proceedings, including those arising from FIR RC 8(A)/AC-III/2017 dated 30.08.2017, FIR RC/BD1/2017/E/0007 dated 25.10.2017, ECIR/HQRS/15/2017, and ECIR/HIU/17/2017.

The proceedings involved allegations under the Prevention of Corruption Act, Indian Penal Code, Prevention of Money Laundering Act, Fugitive Economic Offenders Act, Companies Act, and Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act.

The initial alleged amount of defalcation in the FIR was Rs. 5383 crores.

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## Issues and analysis

### Issue 1: Whether the various criminal proceedings, including FIRs, charge sheets, and complaints, should be …

**Ratio:** The Supreme Court, in its criminal original jurisdiction, can exercise discretion to

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**Reasoning:** The Court's consistent view since the inception of the petitions was that if the

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**Interpretation:** The Court interpreted its powers to allow for the quashing of criminal

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**Application:** The petitioners agreed to deposit Rs. 5100 crores as a full and final

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## Parties

- **Judges:** J.K. MAHE…; VIJAY BI…
- **Appellants:** Hemant S.…; Chetan Jaya…
- **Respondents:** Sterling Biotech…; Sterling SEZ…; +4 more
- **Other parties:** Analysis co…; lender…; +1 more
- **Advocates:** Mukul Ro…; Hemant…; +36 more

## Timeline

- **2020-02-07 — Order on entertaining…**: Court passed an order at the stage of…
- **2020-08-10 — Solicitor General…**: Learned Solicitor General was…

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