SHONE GEORGE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in Crl.M.C.No.5765 of 2025 claims to be the whistleblower at whose instance the Central Government assigned the investigation into the affairs of three companies namely Exalogic Solutions Private Limited, Cochin Minerals And Rutile Limited ('CMRL' for short) and Kerala State Industrial Development Corporation Limited, with the Serious Fraud Investigation Office ('SFIO' for short). After investigation, the SFIO filed a complaint (Crl.M.P.No.1537 of 2025) before the Additional Sessions Court-VII (Special Court under the Companies Act), Ernakulam. Later, the petitioner submitted Annexure A5 application before the Special Court, seeking issuance of certified copies of the complaint filed by SFIO along with the accompanying documents. By Annexure A6 order dtd. 24/4/2025, the Special Judge directed to issue certified copy of the complaint on usual terms, as there is no facility for giving copies of voluminous documents. The petitioner also preferred Annexure A8 application seeking issuance of certified copies of the investigation report filed by the SFIO along with its annexures. By Annexure A9 order dtd. 29/4/2025, the Special Judge ordered to issue the certified copies on usual terms. Accordingly, a copy of the investigation report was furnished to the petitioner. The prayer in Crl.M.C. No.5765 of 2025 is to set aside Annexures A6 and A9 orders and direct the Special Court to issue certified copies of all documents forming part of the complaint filed by the SFIO.

(2.) When Crl.M.C.No.5765 of 2025 came up for consideration, this Court directed the Registry to call for a report from the Special Court as to why copies of the documents cannot be issued, if the petitioner is prepared to bear the expenses. At that stage, the CMRL, one of the respondents in the complaint filed by the SFIO, moved Crl.M.C.Nos.6537 of 2025 and 6409 of 2025, seeking to quash Annexure A6 and A9 orders by which the Special Court had directed to issue certified copies of the complaint and other documents.

(3.) Heard, Adv.Shinu J Pillai for the petitioner in Crl.M.C.No.5765 of 2025, Senior Advocate Arshdeep Singh Khurana for the petitioner in Crl.M.C.Nos.6537 and 6409 of 2025, Advocate Ajith Murali, the learned Public Prosecutor for the State and Advocate O.M.Shalina, the learned Deputy Solicitor General of India for the Central Government. For the sake of convenience, Shone George, the petitioner in Crl.M.C.No.5765 of 2025 is referred to as the petitioner in this order and the Cochin Minerals and Rutile Ltd., the petitioner in Crl.M.C.Nos.6537 and 6409 of 2025, as the respondent. The documents and orders referred to are described as in Crl.M.C.No.5765 of 2025.