# In the matter of Namrata Bugalia & Anr. vs. The State of Uttar Pradesh & Ors.

> SC judgment dated 2021-04-12. Citation: TCN-2021-SC-00054. The case involves a writ petition filed by Namrata Bugalia & Anr. against The State of Uttar…

- **Court:** SC
- **Order date:** 12 Apr 2021
- **Citation:** TCN-2021-SC-00054
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/namrata-bugalia-anr-vs-the-state-of-uttar-pradesh-ors-6ee2f884

## Summary

### Background

The case involves a writ petition filed by Namrata Bugalia & Anr. against The State of Uttar Pradesh & Ors. Respondent No.4, appointed as an Interim Resolution Professional on 14.11.2019, allegedly sought to extract money from the petitioners. A complaint was filed with the CBI, leading to an FIR registered on 11.01.2020 under the Indian Penal Code and Prevention of Corruption Act. A trap was set, and a co-accused was found taking a bribe from petitioner No.2 on behalf of respondent No.4. The disciplinary committee of IBBI restrained respondent No.4 from accepting assignments until exonerated. Respondent No.4 filed a complaint case against the petitioners under Section 156(3) Cr.P.C. An FIR was registered on 14.03.2021.

## Facts

Namrata Bugalia & Anr. filed a writ petition against The State of Uttar Pradesh & Ors. Respondent No.4 was appointed as an Interim Resolution Professional on 2019-11-14 and allegedly tried to extort money from the petitioners. Following a recorded conversation and a complaint, an FIR was registered on 2020-01-11 under the Indian Penal Code and the Prevention of Corruption Act. A trap was set, leading to the discovery of a co-accused accepting a bribe from petitioner No.2 on behalf of respondent No.4. The IBBI's disciplinary committee restrained respondent No.4 from accepting assignments until exonerated. Respondent No.4 then filed a complaint case against the petitioners under Section 156(3) Cr.P.C., resulting in another FIR registered on 2021-03-14. The

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## Issues and analysis

### Issue 1: Whether the investigation …

**Ratio:** The court has the power to transfer investigations to the CBI to ensure a fair and

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**Reasoning:** The court is inclined to consider the transfer of the investigation to the CBI due to the

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**Interpretation:** The power to transfer an investigation to the CBI is exercised when there is a

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**Application:** Given the allegations against respondent No.4, an Interim Resolution

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## Parties

- **Judges:** SANJAY KISH…; HEMANT…
- **Appellants:** NAMRATA B…
- **Respondents:** THE STATE OF…

## Timeline

- **2019-11-14 — Appointment of Interim…**: Respondent No.4 was appointed as an…
- **2020-01-11 — FIR Regis…**: An FIR was registered against Respondent No.4 under the Indian Penal Code and Prevention…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 156(3) — Delivery of property and documents to…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-156)

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