SC sets aside Allahabad HC order refusing to entertain YES Bank's plea

The Supreme Court Tuesday set aside the Allahabad High Court order refusing to entertain the Yes Bank plea challenging police investigation into an FIR lodged by the Essel Group in connection with the bank-Dish TV dispute on pledging of shares.

A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala also directed that its earlier order of November 30, 2021 staying police investigation in the FIR shall remain in operation till the high court has disposed of the Yes Bank's plea against the FIR.

The top court remanded the case to the high court for fresh disposal on merits within a period of two months after the receipt of the certified copy of its order.

We are of the considered view that the Allahabad High Court was not justified in not dealing with the petition (of Yes Bank) on the ground that the alternative remedy was available under section 451 and 457 of the CrPC (Code of Criminal Procedure). The high court ought to have addressed itself the ..