Hon'ble Rajeev Singh,J.
Heard Shri Shailendra Srivastava, learned counsel for the petitioner, Shri S.B. Pandey, learned Senior Advocate assisted by Shri Dev Rishi Kumar, learned counsel for respondent nos. 1 and 2 and Shri S.P. Singh, learned A.G.A. appearing for respondent nos. 3 to 6.
This petition has been filed seeking the following main prayers:
"1. Issue a writ, order or direction in the nature of mandamus to direct the respondent no. 1 to take cognizance of the matter in question and further direct the respondent no. 2 to investigate into the affairs of the company/matter in question relates to the missing of the petitioner's husband since 24.06.2016 from India by Central Bureau of Investigation (CBI) or respondent no. 2/SFIO which is being empowered by the statutory provision of Clause (2) of Section 210 and Section 212 of the Companies Act, 2013.
2. Issue a writ, order or direction in the nature of mandamus may also be issued to direct the respondent nos. 3 to 10 to handover all the records of the investigation conducted by them of the matter in question related to the missing of the petitioner's husband to the respondent nos. 1 and 2.
3. Issue a writ, order or direction in the nature of mandamus to direct the respondent no. 12 to permit the petitioner to operate the Bank Account of her husband namely Mr. Sunil Pandey having his account with the respondent no. 12 bearing A/c No. 30599204805 being the legally wedded wife of Mr. Sunil Pandey."
After examining the submissions advanced by the learned counsel for the petitioner, we find that place of occurrence is District Gurugram in Haryana, from where the petitioner's husband, who was working in the respondent no. 11-Company, went missing since 24.06.2016 and she has lodged an F.I.R. for the missing of her husband at Police Station Gazipur, District Lucknow bearing Case Crime No. 0569 of 2016, under Section 364 I.P.C. on 05.07.2016.
It has been informed that the police has submitted a final report in the same and thereafter, the Magistrate ordered for re-investigation of the case on 19.09.2019 and the matter is still under investigation. It further transpires that another F.I.R. has been lodged by the real sister of the petitioner bearing Case Crime No. 0812 of 2016 under Section 365 I.P.C. at Police Station Gurugram Sadar, District Gurugram, Haryana on 27.07.2016, in which, the investigation is pending.
The present petition is barred in view of the provisions of Section 177 Cr.P.C., as the offence in question has not been committed in the jurisdiction of the Court at U.P. In view of the same, the present petition is dismissed on this ground alone with the liberty to the petitioner to approach the appropriate Court for redressal of her grievance.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.1.2021 VKS