Supreme Court: In a special leave petition filed against the judgment and order passed by Calcutta High Court, the division bench of Vikram Nath and Sandeep Mehta, JJ. stayed the effect and operation of the following:
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Order dated 21-08-2025: Passed by the Calcutta High Court, which held that notice to UBS Switzerland AG, a foreign entity, via diplomatic channels under Section 105 of the Criminal Procedure Code, 1973 (‘CrPC’) in a Criminal Revision Petition is not mandatory.
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Revision Petition Judgment dated 24-09-2025: Passed by the Sessions Court, Alipore, proceeding to adjudicate the said Revision Petition ex parte against a foreign entity, despite a substantive challenge pending through an SLP filed before the Supreme Court.
The Calcutta High Court, through its order had held that serving notice to UBS Switzerland AG via diplomatic channels under Section 105 of the CrPC was not mandatory in a criminal revision petition. Following this, the Alipore Sessions Court proceeded to adjudicate the matter ex parte against the foreign entity, despite the pendency of a substantive challenge before the Supreme Court.
The Court issued notice in the matter.
The Court took note of these developments and stayed the effect and operation of both orders. The bench observed that, until the SLP is finally decided, no further proceedings shall continue based on the impugned orders.
Furthermore, the Court recorded that the counsel appearing through caveat on behalf of respondent 6 accepted and waived formal notice. The Court granted four weeks’ time for the respondent to file a counter-affidavit, with the petitioner being allowed two weeks thereafter to file a rejoinder affidavit. The matter will be listed after the completion of the pleadings. Additionally, the Court directed that notices be sent to the unrepresented respondents.
[UBS Switzerland v. State of West Bengal, Petition(s) for Special Leave to Appeal (Crl.) No(s). 16245/2025, decided on 17-10-2025]
Advocates who appeared in this case :
For Petitioner(s): Mr. Sidhartha Aggarwal, Sr. Adv., Mr. Raunak Dhillon, Adv., Mr. Ankoosh Mehta, Adv., Ms. Aishwarya Gupta, Adv., Mr. Gunav Gujral, Adv., Mr. Karan Dhalla, Adv., Mr. Advait Shukla, Adv., Mr. Srinivas Chatti, Adv., Mr. Aakash Agarwal, Adv., M/S. Cyril Amarchand Mangaldas Aor, AOR
For Respondent(s): Dr. Purvish Malkan, Sr. Adv., Mr. Ananta Prasad Mishra, AOR, Mr. Neel Kamal Mishra, Adv., Mrs. Susmita Mahala, Adv.