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Centre Can Authorise Officer To File Companies Act Fraud Complaint Alongside SFIO: SC [Read Order]

By Saket Sourav      26 September, 2026 01:26 PM      0 Comments
Centre Can Authorise Officer To File Companies Act Fraud Complaint Alongside SFIO Supreme Court

New Delhi: The Supreme Court has dismissed a review petition filed by the Union of India seeking reconsideration of its earlier judgment on the maintainability of complaints under the Companies Act, 2013, while clarifying that the Union remains at liberty to authorise a Central Government officer to institute a complaint in addition to the Director, Serious Fraud Investigation Office.

A bench of Chief Justice Surya Kant, Justice K. Vinod Chandran and Justice Joymalya Bagchi, was hearing a review petition filed by the Union of India seeking reconsideration of the Court's judgment dated 09.01.2026 in Criminal Appeal No. 147/2026, in proceedings arising against the State of Telangana and others.

The Court held that, since the complaints in the case at hand had been filed by private individuals, the judgment under reference did not require any reconsideration, and accordingly dismissed the review petition.

The Court, however, clarified: “the Union of India shall be at liberty to invoke its powers under the second proviso of Section 212(6) of the Companies Act, 2013, and authorize any officer of the Central Government by a general or special order, in writing, to institute the complaint in addition to the Director, Serious Fraud Investigation Office (SFIO).”

All pending applications in the matter were also disposed of.

Appearances:

For the Petitioner: Mrs. Aishwarya Bhati, Additional Solicitor General, with Ms. Atmika Patnaik, Ms. Khushboo Chaudhary, Mr. Abhinav Aggarwal, Ms. Madhulika Upadhyay (AOR), Mr. Mayank Pandey, Mrs. Radhika Mishra, Mr. Diwakar Sharma and Mr. Santosh Kumar Pandey, Advocates.

For the Respondents: Ms. Devina Sehgal, AOR, with Mr. Yatharth Kansal and Mr. Srikanth Varma Mudunuru, Advocates.

Case Title: Union of India vs. The State of Telangana & Ors., Review Petition (Crl.) No. 470/2026 in Criminal Appeal No. 147/2026

[Read Order]



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Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

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