https://www.taxtmi.com/caselaws?id=465763 Police power to investigate alleged offences touching a company's affairs was upheld where the FIR disclosed prima facie IPC offences (including creation of false records), because s.212(6) and s.447 of the Companies Act, 2013 govern only offences under that Act and do not bar investigation/prosecution for IPC offences in the absence of an express statutory prohibition; consequence: investigation by police was permitted to continue. The HC further held that "fraud" under s.447 cannot be applied retrospectively to acts admittedly committed before the 2013 Act came into force, as penal liability is governed by the law in force on the date of the act unless expressly provided otherwise; consequence: no prosecution could be launched under the Companies Act, 2013 for such past acts. The petition to quash the FIR was dismissed and investigation was directed to be completed within six months. en-us Sat, 28 Oct 2023 00:00:00 +0530 Wed, 07 Jan 2026 17:49:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465763 Police power to investigate alleged offences touching a company's affairs was upheld where the FIR disclosed prima facie IPC offences (including creation of false records), because s.212(6) and s.447 of the Companies Act, 2013 govern only offences under that Act and do not bar investigation/prosecution for IPC offences in the absence of an express statutory prohibition; consequence: investigation by police was permitted to continue. The HC further held that "fraud" under s.447 cannot be applied retrospectively to acts admittedly committed before the 2013 Act came into force, as penal liability is governed by the law in force on the date of the act unless expressly provided otherwise; consequence: no prosecution could be launched under the Companies Act, 2013 for such past acts. The petition to quash the FIR was dismissed and investigation was directed to be completed within six months. Case-Laws Indian Laws Sat, 28 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465763