Jaypee Kensington Boulevard Apartments Welfare Association Vs NBCC (India) Ltd. (Supreme Court)
We are appalled to see that the manner in which the Uttar Pradesh Police has handled this case emanating from F.I.R. No.0098/2021, registered at Police Station Beta-II in District Greater Noida, including to take the extreme step to arrest the Interim Resolution Professional, Mr. Anuj Jain, who was working in that capacity pursuant to the order passed by the Court and entrusted with the functioning of the Company in question.
It is seen that the police official dealing with the case is not familiar with the provision of privilege of interim resolution appointed by the Court, in terms of Section 233 of the Insolvency and Bankruptcy Code.
Mr. R.K. Raizada, learned senior counsel appearing for the State of Uttar Pradesh, on instructions, submits that the Investigating Officer, Mr. Bijendra Singh, was of the view that the applicant may leave India at any time to avoid the prosecution and for securing his presence thought it necessary to arrest him from Mumbai.
We will examine this aspect of the matter elaborately at appropriate time by treating this application as substantive writ petition filed by the applicant under Section 32 of the Constitution of India and to be numbered accordingly.
In the meantime, we direct immediate release of the applicant, Anuj Jain, who is presently in custody of Police Station, Beta-II, District Greater Noida, Uttar Pradesh and had been produced today i.e. 02.03.2021 before the Court of Chief Judicial Magistrate, Gautam Buddh Nagar, Uttar Pradesh.
We further direct the Investigating Officer not to take any coercive action against the applicant in connection with the subject F.I.R. until further orders.
We also issue notice to the Investigating Officer, Bijender Singh, Sub-Inspector, as to why appropriate action is not taken against him for taking such drastic action against the applicant. He shall file his personal affidavit explaining the position within two weeks from today.
List the writ petition after two weeks.
Copy of this order be forwarded to the office of the concerned Judge and Police Station Beta-II, District Greater Noida, Uttar Pradesh through e-mail and the Registrar (Judl.) of this Court shall personally intimate the office of the concerned Judge on telephone to ensure immediate release of the applicant, Mr. Anuj Jain, without imposing any conditions.