# In the matter of Serious Fraud Investigation Office Vs. Neeraj Singal & Anr. Criminal Appeal Nos. 1114 & 1115-2018

> SC judgment dated 2018-09-04. Citation: TCN-2018-SC-00023. The Supreme Court is hearing appeals against an interim order of the High Court that directed the…

- **Court:** SC
- **Order date:** 4 Sept 2018
- **Citation:** TCN-2018-SC-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/serious-fraud-investigation-office-vs-neeraj-singal-anr-criminal-appeal-nos-1114-708ffefc

## Summary

### Background

The Supreme Court is hearing appeals against an interim order of the High Court that directed the release of Neeraj Singal in connection with a case filed by the Serious Fraud Investigation Office (SFIO). The High Court's order was passed despite the pendency of the matter before the Supreme Court and an order by the jurisdictional magistrate remanding Singal to judicial custody. The Supreme Court expresses disapproval of the High Court's haste in passing the order and its failure to show deference to the ongoing proceedings before the Supreme Court. The High Court considered the constitutional validity of certain sections of the Companies Act, 2013, and granted interim relief to Singal.

## Facts

The Serious Fraud Investigation Office (SFIO) filed a case against Neeraj Singal under the Companies Act, 2013. A jurisdictional magistrate ordered Singal to judicial custody until 01.09.2018. Singal filed a writ petition in the High Court seeking a writ of habeas corpus and challenging the constitutional validity of certain provisions of the Companies Act related to bail conditions (Sections 212(6)(ii), 212(7), and 212(8)). The High Court passed an interim order directing Singal's release, despite the matter being listed before the Supreme Court and Singal being in judicial custody. The Union of India and SFIO appealed the High Court's interim order to the Supreme Court. The High Court's order was passed on 29.08.2018, and Singal was released. The Supreme Court was

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## Issues and analysis

### Issue 1: Whether the High Court erred in passing an interim order directing the release of Neeraj Singal, …

**Ratio:** The principle of judicial comity and deference to superior courts requires lower courts

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**Reasoning:** The Supreme Court expressed disapproval of the High Court's haste in passing the interim

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**Interpretation:** This issue highlights the importance of maintaining judicial hierarchy and

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**Application:** In this case, the High Court's action of releasing Neeraj Singal while the

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## Parties

- **Judges:** A.M. KHAN…; Dr Dhananjaya Y…
- **Appellants:** Serious Fraud…
- **Respondents:** NEERAJ S…

## Timeline

- **2018-08-08 — Illegal A…**: Neeraj Singal was…
- **2018-08-09 — Judicial Custo…**: Ld. Duty Magistrate, Patiala House Courts, passed an order remanding Neeraj Singal to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 217(4) — Complaints against insolvency professional…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-217)

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