Sangita Arora Vs State of NCT Delhi & Anr. (Delhi High Court)
Summary: The Delhi High Court considered three connected petitions arising from FIR No. 105/2020 registered by the Economic Offences Wing concerning alleged non-delivery of flats in the “Hill Town” project of M/s Supertech Limited at Sector-2, Sohna, Haryana. The petitioners challenged the Trial Court’s order dated 22.03.2025 taking cognizance of alleged offences under Sections 406, 420 and 120B IPC and issuing summons, as well as the common revisional order dated 30.03.2026 dismissing their criminal revisions. The first petitioner, Sangita Arora, contended that she was a nominal Director without an active role in day-to-day management, and relied on principles concerning the absence of automatic criminal liability of Directors.
The State relied on investigation material stating that she had been a Director from 07.12.1995 until 01.09.2018, held approximately 34% shareholding, filed balance sheets, attended Board meetings, acted as an authorised bank signatory and was involved in management and day-to-day affairs. The Court, exercising jurisdiction under Section 528 of the BNSS, emphasised that it was not conducting a trial or determining guilt, but was required to examine whether the investigation material disclosed a prima facie case and whether the impugned orders suffered from patent illegality, jurisdictional error or manifest perversity.
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