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The High Court further held that an unduly prolonged investigation without adequate justification entitles the accused to approach the High Court seeking quashing of the FIR, reiterating that investigations cannot continue endlessly at the cost of both complainant and accused.
Delhi High Court while setting aside a foreign travel restriction imposed on the accused held that a Magistrate cannot alter bail conditions years after granting bail by calling it a clarification.
The Court warned that permitting reopening of quashing orders on the basis of subsequent matrimonial disputes would fundamentally defeat the object underlying exercise of jurisdiction under Section 528 BNSS.
“There was no provision to hear and decide the objections after the appeal was decided by the Divisional Commissioner because Rule 10 of the 1994 Rules laid down that the orders passed in appeal by the Divisional Commissioner would be final.”
The Delhi High Court held that adjudication of an avoidance application was independent of the resolution of the corporate debtor and could survive Corporate Insolvency Resolution Process (CIRP) and a Resolution Professional would not be functus officio with respect to adjudication of avoidance application.