9911796707
TMI Blog2016 (2) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... 120-B IPC registered with Police Station Phase No.1, SAS Nagar, Mohali got registered by one Narinder Singh being conducted by Punjab Police at Mohali to Chandigarh Police who are already investigating 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 are so intertwined and inextricably inseparable on account of consanguinity of facts as well as being determinable by similar law points deserves to be disposed off together as it will not only facilitate brevity but as well as for clarity. Since there has been disconcordant claims and counter-claims by the multiple litigants and, thus, to facilitate better understanding of the real issues involved and for their judicious and comprehensive adjudication it is necessitated to take a recourse down the very origin and how it led to such a multifarious litigation. A company by the name and style of M/s International Customers Related Management Services Private Limited (in short, 'ICRMS'/Company) was incorporated on 18.6.2001 as a Private Limited Company with original corporate office situated at H. No.768, Phase 3B1, Mohali which is depicted initia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shvinder Singh from U.P. Mr. Raman Uppal in his complaint dated 23.1.2012 through one Deepinder Singh Dhaliwal son of Rajinder Singh Dhaliwal as attorney has alleged that in fact during the course of expanding his business in the area of Chandigarh he had come across Sukhbir Singh Shergill and developed intimacy and had entrusted him with the duties for incorporating this company and had paid him money but Sukhbir Singh Shergill instead had deceived him and had forged his signatures on Form 1-A pertaining to application for allocation of name and by forging and making Jagbir Singh and Itinderjeet Singh founding promoter directors. He has further alleged that accused instead of buying properties in the name of company had purchased so from the funds of the company either in their own names or in the names of their acquaintance individuals. The complainant in FIR No.69 dated 19.4.2012 has alleged that Jatinder Singh Dua has forged NOC and dislodged Raman Uppal from the company and that on 31.3.2005 Sukhbir Singh Shergill has unilaterally transferred 45,000/- equity shares to himself and his wife to facilitate taking over of the company and during this another lot of 5000/- equity sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready seized of the matter their investigations being first in point of time where the bank accounts of the company were located the investigations needs to be transferred to Chandigarh police. There has been levelling of insinuations against Investigating Agency for not having properly investigated the entire gamut of the allegations as the officials of the Mohali police were hand in glove with the opposite party and that the course of justice was being subverted to attain the sinister design and, thus, frustrate the endeavours of the complainant and has sought to claim malafidesness of the Investigating Agency at the behest of Jeet Mohinder Singh Sidhu, MLA, one of the players in this saga who has been instrumental in joining hands with Shergills as they both were running Adesh foundation which runs Engineering and Technology Colleges at Bathinda, Faridkot and Muktsar, Sarbat foundation and so many organisations and, thus, it is claimed that this MLA who was instrumental in change of Government by shifting political loyalty with the ruling party was exerting its influence through the present ruling party in changing the course of investigation and, therefore, necessitates transf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd others by DLF. The crux of all these FIRs what one comes across is that it is the same series of transactions/acts of the players of the company regarding the company and thus could have been conveniently and comprehensively investigated in one case. Rather it appears that their very purpose is to only undo the other case and create confusion and by such distortions to make case all the more murkier to facilitate not only the escape of the real culprits but also to put off the authorities from the trial of the ill gotten black money which is the very back bone of this war and in which all the present sets of Investigating Agencies have played a dubious role thus loosing their credibility and worth to investigate such a sensitive issue which runs into hundreds of crores by this "fly by night" Company. Furthermore, under the umbrella of ICRMS following companies have also mushroomed as its subsidiaries:- 1.Fateh Softech Private Limited (FSPL). 2.Fateh Resort Private Limited (FRPL). 3.Fateh Home Private Limited (FHPL) As has been the contentions in all these companies, Gurnihal Singh Pirzada and his wife Gurveen Kaur Pirzada also hold prominent positions as directo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a promoter of the company and even Pawanjot Kaur has denied having any knowledge of this which cannot be accepted as being a director she ought to be aware of the functioning of the company and its matters. It is during the course of arguments with much vehemence and force learned counsel for the petitioners has sought to bring to the notice of this Court that Gurnihal Singh Pirzada who actually has benami interests in the company and who was on deputation with the State of Punjab was working as Managing Director of Punjab State Electronics Development Corporation Limited as well as of PCL from 27.10.1999 till 28.10.2001 and during that period he was chairman of a private company opened by him and his wife under the name and style M/s Mitgart India Limited, Mohali to whom he himself exercising powers of Managing Director has allotted industrial plot at Mohali on lease for a period of 99 years and in pursuance of his power as Managing Director this corporation has made it free hold and which industrial plot in Mohali stood transferred in the name of ICRMS are matters which could not escape judicial attention. It is further submitted that on account of his misconduct in discharge of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfer, whereas, Section 35 deals with the very certificate of incorporation to be conclusive and, thus, in terms of Section 16 of the Act whenever there is alteration of the memorandum of articles of association and the agreement of the agent in terms of Sections 31,33,40 and 39 ought to be subject matter of documentation before the Office of Registrar of Companies and which documents have never seen the light of the day during the investigations into this ugly episode. Rather as is highlighted from the various sets of FIRs which though invariably pertains to the same very company in a same very series of acts and purpose could easily have been investigated by a single agency in the same very FIR but what has sought to be created is a multiple number of cases and it is squarely accepted by learned counsel that net result leads the Court nowhere and rather highlights another endeavour to give a decent burial to this ill- gotten wealth in the hands of businessmen, bureaucrats, politicians and their stooges. As has been remarked by the propagator of Realism famous novelist Balzac "behind every great fortune there is a crime"and which was even quoted by Mario Puzo in the literary master ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o obviate the truth by both the police forces and having regard to the fact that it is even admitted by the two sides that hundreds of crores of money is involved in these transactions and which has its inter-State ramification necessitates that there need to be a fair, impartial and comprehensive investigations from all angles as to the evaders of income tax, money laundering and source of this ill-gotten wealth which is the root cause of this eruption of dispute and which apparently appears to be much more than what meets the eye. Though, on behalf of the applicant-petitioner in the transfer application the learned counsel has sought to impress upon this Court by citing Sakiri Vasu vs. State of U.P. 2008(1) RCR 392; Divine Retreat Centre vs. State of Kerala and others 2008(2) RCR 373; Ramesh Chandra Nand Lal Parekh vs. State of Gujarat 2006(1) RCR 675; Anju Chaudhary vs. State of U.P. 2013 (1) RCR 686 and Ram lal Narang vs. State (Delhi Admn.) 1979 (2) SCC 322 to hammer home the point that no one can insist that offences to be investigated by a particular agency and that this Court in exercise of its inherent powers either cannot change the investigations and that different and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tection of Democratic Rights West Bengals and others 2010(3) SCC 571 a Constitutional Bench of Hon'ble Supreme Court of India has laid down the proposition while holding that no Act of the Parliament can exclude or curtail the powers of the High Court under Article 226 of the Constitution of India and rather has cautioned that the extraordinary powers of the High Court must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and confidence in investigation or where the incident may have national or international ramifications. Since in the present case both the police forces failed to carry out the investigations and, thus, to bring about justice something more than what has transpired needs to be done else the confidence of the people in the system would stand greatly eroded. As has been brought to the notice of this Court police by exercising its extra-jurisdictional power which learned counsel for any of the sides could not pinpoint under what provisions of law they have sealed suo moto the properties of the company and put to hold its functioning on their own without obtaining any orders of the Court are not onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 and Subrata Chattoraj vs. Union of India and others 2014(3) RCR (Criminal) 419 and in a recent view of the Hon'ble Supreme Court of India in Disha vs. State of Gujarat and others 2011(3) RCR 9Criminal) 694 where the Hon'ble Apex Court had laid down the following as not exhaustive but illustrative grounds on the basis of which investigations can be transferred and, thus, in the exercise of these powers it would be desirable for this Court to issue directions to constitute a Special Investigating Team and to entrust them investigations consisting of two credible officers of repute each from the departments which have the necessary expertise i.e. the Serious Fraud Investigation Office (SFIO) of Company affairs under the Ministry of Corporate affairs, Government of India, Enforcement Directorate to look into the money laundering angle, Income Tax Department to ensure that there has been no escape from legitimate taxation as well as by the Central Bureau of Investigations which could ensure due exercise of powers in collecting such evidence as is necessary and which is essential integral part of investigations. The entire records shall be handed over to them and with directio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code of the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused an with a view to spite him due to private and personal grudge. and under which the Court in exercise of these powers to secure ends of justice can quash the proceedings and in the backdrop of interpretation to these provisions, thus, from this it is evident that allegations made in the FIR even if tak ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
