The Court further rejected an argument by Exalogic that an SFIO probe under Section 212 could only be started if a “report under Section 210” is first prepared, which could not be an “interim report.”
In Exalogic’s case, the Court was told that the January 31, 2024 decision to start an SFIO probe was taken based on an undisclosed “interim report.”
The Court opined that such an “interim report” is sufficient for the start of an SFIO probe.
“Section 210 does speak of a report, the report can be either interim or final it need not be the final report only. During an investigation under Section 210, if the Inspectors, out of serendipity come across information that would prima facie touch upon skullduggery and thereon necessity emerges to assign the investigation to a multi-disciplinary body like the SFIO, created under the Act, this Court cannot put shackles on the hands of the Central Government, for such assignment,” the Court added.
Source: Barandbench
