9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (2) TMI 856 - HC - Companies LawCriminal proceedings instituted on the basis of such FIR - Held that - As allegations made in the FIR even if taken on the face and accepted in the entirety do not constitute any offence and thus to the mind of this Court the criminal proceedings instituted on the basis of such FIR needs to be quashed. Though, it is relevant to point out here that grouse, if any, regarding running of this company by any of the constituents of the company they are well within their rights to move the appropriate forum for any acts of oppression or mismanagement in terms of Sections 397 and 398 of the Act. Thus, the continuation of the criminal proceedings qua the present petitioners would not lead to any conclusive result and rather would only be a wastage of time of the Court as well as putting the petitioner to undue harassment and torture and, thus, the complainant cannot be allowed to have recourse against the present petitioners by such a means. Thus, in the light of what has been discussed above the present FIR No.69 dated 19.4.2012 under Sections 420, 465, 467,468, 471, 120-B IPC registered with Police Station Division No.3 Chandigarh Annexure P/1 qua the present petitioners is hereby quashed with all consequential effects.
Issues Involved:
1. Quashment of FIR No.69 dated 19.4.2012. 2. Transfer of investigation of FIR No.125 dated 10.6.2014. 3. Allegations of fraud and forgery. 4. Allegations of biased investigation. 5. Request for investigation by an independent agency. Detailed Analysis: 1. Quashment of FIR No.69 dated 19.4.2012: The petitioners, Madan Singh and Harshvinder Pal Singh, sought quashment of FIR No.69 dated 19.4.2012, registered under Sections 420, 465, 467, 468, 471, 120-B IPC. They argued that the FIR was based on forged and fabricated documents and was a misuse of the process of law to force them to accede to the complainant's demands. The court noted that the FIR did not assign any specific role or allegations against the petitioners. The State counsel conceded that no concrete evidence had emerged against the petitioners. Therefore, the court quashed FIR No.69 dated 19.4.2012, under Sections 420, 465, 467, 468, 471, 120-B IPC, registered with Police Station Division No.3 Chandigarh, qua the present petitioners. 2. Transfer of Investigation of FIR No.125 dated 10.6.2014: The complainant, Raman Uppal, sought the transfer of the investigation of FIR No.125 dated 10.6.2014, registered under Sections 406, 420, 419, 465, 467, 468, 471, and 120-B IPC, from Punjab Police at Mohali to Chandigarh Police. The court observed that multiple FIRs had been registered, creating confusion and distorting the case. The court concluded that the investigations were not being carried out earnestly and impartially by the police forces in Punjab and Chandigarh. 3. Allegations of Fraud and Forgery: The respondents alleged that there had been fraud through forgery of valuable security and fabrication of company records. The complainant, Raman Uppal, claimed that the accused had forged signatures and documents to deceive him and misappropriated company funds. The court noted that the investigations had failed to collect relevant records and documents, highlighting the dubious role of the investigating agencies. 4. Allegations of Biased Investigation: The petitioners and the intervenor alleged biased investigations by the police, influenced by political and personal interests. The court found that the investigations were tainted and partisan, failing to bring out the truth. The court emphasized the need for fair, impartial, and comprehensive investigations to ensure justice. 5. Request for Investigation by an Independent Agency: Considering the failure of the police forces to conduct impartial investigations, the court decided to constitute a Special Investigating Team (SIT) comprising credible officers from the Serious Fraud Investigation Office (SFIO), Enforcement Directorate, Income Tax Department, and Central Bureau of Investigations (CBI). The SIT was directed to conduct fresh investigations from all angles, including money laundering and tax evasion, to uncover the truth and ensure justice. Conclusion: The court quashed FIR No.69 dated 19.4.2012, qua the petitioners Madan Singh and Harshvinder Pal Singh, and directed the constitution of a Special Investigating Team to conduct fresh investigations into the allegations. The transfer applications of the intervenor-applicant and Raman Uppal were disposed of in these terms. The court emphasized the need for fair and impartial investigations to instill public confidence in the justice system.
|
