1
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (@ SLP(CRL.) No. 9233/2024)
CENTRAL BUREAU OF INVESTIGATION SCB LUCKNOW APPELLANT(S)
VERSUS
SUSHANT GUPTA & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Learned senior counsel appearing for the appellant made a
preliminary submission to the effect that the impugned order
has to be set aside for want of adequate opportunity to the
appellant to put forth its view.
3. The High Court has passed the impugned order without giving
sufficient time to the appellant. The matter was taken up on
the first date of hearing and, therefore, the appellant did
not have an opportunity to file its counter affidavit along
with the supporting documents.
4. As the aforesaid position is not in dispute, we are inclined
to set aside the impugned order by remitting it back to the
High Court for fresh consideration.
5. Accordingly, the impugned order stands set aside, leaving all
the issues open to the parties to agitate them before the High
Court. The appellant is given six weeks’ time to file its
2
counter affidavit before the High Court.
6. The appeal is allowed accordingly.
7. Pending application(s), if any, shall stand disposed of.
……………………………………………………J. [M.M. SUNDRESH]
……………………………………………………J. ...