Investigation Report under S. 212(13) of Companies Act can only be provided to Concerned Person

Ranveer Singh Vs Serious Fraud Investigation Office (Delhi High Court)

Conclusion: In present facts of the case, the Hon’ble High Court observed that the investigation report cannot be obtained under Section 212(13) of the Companies Act, 2013 if the Person seeking report is not concerned with the case in any manner or in other words, do not comply the mandate of Section 212(1)(a) to (d) of the Companies Act, 2013. The Petitioner in this case was neither a complainant, nor an accused, nor a victim.

Facts: In present facts of the case, the petition was filed on behalf of the petitioner impugning the orders dated 30^th July, 2019 and 14^th February, 2020 passed by the Special Judge (Companies Act), Dwarka Courts, Delhi. The petitioner filed a Writ Petition under Article 32 of the Constitution of India before the Hon’ble Supreme Court, praying for an investigation against pertaining to laundering of funds. The aforesaid petition was disposed of by the Supreme Court vide order dated 16^th August, 2017 after recording the statement on behalf of the respondent, Serious Fraud Investigation Office (SFIO) that the government has sanctioned prosecution against the accused persons. SFIO filed criminal complaint no. 720/2017 before the Special Judge (Companies Act) against accused persons. The petitioner filed an application dated 21^st February, 2019 before the Special Judge under Section 212(13) of the Companies Act, 2013 to obtain a copy of the investigation report.

The aforesaid application of the petition was dismissed by the Sessions Court vide order dated 30^th July, 2019 on the ground that the petitioner had no locus standi to ask for a copy of the investigation report.

A short affidavit dated 6^th July, 2021 has been filed on behalf of the respondent wherein it was stated the petitioner has no locus standi to seek the investigation report as the petitioner is neither a complainant nor an accused party in any way.

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