MHCC020116382020

IN THE DESIGNATED SPECIAL COURT UNDER SEBI ACT, 1992

FOR MAHARASHTRA STATE
AT COURT ROOM NO.22, CITY CIVIL AND SESSIONS COURT,
GREATER MUMBAI
SEBI SPECIAL CASE NO.1044 OF 2020
CNR No.MHCC02-011638-2020

Securities and Exchange Board of India. ] … Complainant

Vs.

Malvinder Mohan Singh and another. ] … Accused

Appearances :-
Ms. Usha Peri, Ld. Spl.P.P. for complainant/SEBI.
Mr. Siddharth S. Kumar, complainant/authorised Officer of SEBI.

CORAM : VISHAL SADASHIVRAO GAIKE,

SEBI SPECIAL JUDGE.
DATE : 11th October, 2022.

ORDER BELOW EXH.4

1. This is an application under Section 267 of the Code of

Criminal Procedure for issuance of production warrant against the
accused, who are lodged in Central Jail, Tihar, New Delhi, in
compliance with the directions of the Hon'ble Supreme Court on
22/09/2022 in SLP No.20417 of 2017 with Contempt Petition (C)
No.2120 of 2018 in SLP (C) No.20417 of 2017 and Suo Moto
Contempt Petition (C) No.4 of 2019.
 -2- Order below Exh.4 in
SEBI Spl. Case 1044/20

2. It is stated that, the summons were repeatedly issued

against the accused, but it was only served on accused No.1 Malvinder
Mohan Singh, as is evident from Online Track report placed on record
on 28/09/2022. The summons to accused No.2 was not served.
Therefore, a production warrant may kindly be issued to the Director
General (Prisons), Central Jail, Tihar, New Delhi, for production of both
the accused in the instant matter.

3. Heard the learned Spl.P.P. She submitted that the presence

of both the accused before this Court is necessary for the trial to
proceed. The matter pertains to the year 2020 and the accused No.1
has not appeared despite of deemed service of summons to him and the
summons to accused No.2 is yet to be served. Hence, the application
may kindly be allowed and production warrants, as prayed for, may
kindly be issued.

4. I have perused the record. The appearance of both the

accused before this Court is necessary to take the trial further. After the
appearance of accused, they would apply for bail and thereafter, the
further proceeding would be taken up. The matter is held up due to
absence of accused. Hence, I am inclined to allow the application and
proceed to pass the following order :-

ORDER

1. Application (Exh.4) is hereby allowed.

2. Issue production warrant against accused Nos.1 and 2. The

warrant be directed to Director General (Prisons), Central Jail, Tihar,
New Delhi, for physical or virtual production of both the accused in the
instant matter for further proceedings against them.
 -3- Order below Exh.4 in
SEBI Spl. Case 1044/20

3. Application is hereby disposed off.

Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date: 2022.10.11
17:43:40 +0530
( VISHAL SADASHIVRAO GAIKE )
SEBI SPECIAL JUDGE,
Date : 11/10/2022. CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
Directly typed on Computer on : 11/10/2022.
Printed on : 11/10/2022.
Signed on :

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL

SIGNED JUDGMENT/ORDER.”

UPLOAD DATE AND TIME NAME OF STENOGRAPHER

11/10/2022 at 5.45 p.m. Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.) (Court Room No.22)
Date of Pronouncement of 11/10/2022.
JUDGMENT/ORDER
JUDGMENT/ORDER signed by 11/10/2022.
P.O. on
JUDGMENT/ORDER uploaded on 11/10/2022.