Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1346 of 2019 Petitioner :- Greesh Chandra Sharma And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vimlendu Tripathi,Saurabh Yadav Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners as well as learned A.G.A. for the State-respondents.
By means of the present writ petition, the petitioner no.1, who was the Manager of Abhinav Hire Purchase Limited, Station Road, Ujhani, District Budaun and the petitioner no.2, have invoked extraordinary jurisdiction of this Court with a prayer to direct the concerned investigating officer to conclude the investigation against the respondent nos.6 to 9 in Case Crime No.512 of 2018, under Sections 420,480,487,471 IPC and Section 66 of Information Technology (Amendment) Act, 2000, P.S. Ujhani, District Budaun within stipulated period.
It is submitted by the learned counsel for the complainant petitioners that the petitioner no.1 is the Manager of the company in the name and style of Abhinav Hire Purchase Limited, the petitioner no.2 since last more than 10 years. The petitioner was involved in the business to deal in hire purchase, purchase deal, financing, purchase sell and leasing of all types of auto mobiles (commercial and private both), electronic and electrical goods, mechanical goods, house hold goods, planted machinery of every description and residential properties, which was registered by Reserve Bank of India as Non Banking Finance Company (NBFC) by means of certificate of registration no.A-12-00384 in district Budaun. Thereafter pursuant to fraud and cheating perpetuated by some unknown persons, the company had stopped the function of aforesaid business and had applied before the RBI to change the category of the business. Thereafter the FIR was lodged against unknown persons that they are interfering in the business of the petitioners. The FIR was lodged on 19.9.2018, which was registered under Sections 420,480,487,471 IPC and Section 66 of Information Technology (Amendment) Act, 2000 as Case Crime No.512 of 2018 at police station Ujhani, District Budaun. The names of the accused persons surfaced during investigation who were involved in committing offences of cheating and forgery against the investor by accepting deposit in the name of the company. The offence is of such magnitude that the investigation by the rank of the Sub-Inspector would not bring forth any fruitful result. The petitioners had moved an application before the I.G., Bareilly Range, Bareilly disclosing about the police inaction in investigating the case. The said application was moved on 22.12.2018, but still no action has been taken, the investigation is not going on in a fair and impartial manner, hence a direction may be given to the respondent authorities to look into the grievance of the petitioner, so that fair, speedy, effective and impartial investigation may go on against the respondent nos.6 to 9 in the instant case.
Learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the Inspector General of Police, the respondent no.3 and Senior Superintendent of Police, Budaun, respondent no.4, to look into the grievance and consider the application moved by the petitioner no.1 on 22.12.2018 and shall ensure that proper, effective and fair investigation be carried out and be concluded at the earliest preferably within two months from the date of production of a certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 21.1.2019 M. Tariq