TMI Blog2016 (10) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... the tune of approximately two hundred crores of rupees, the Directors and other responsible persons of the said company are accused Nos.1 to 9 in the FIR in question and still, not only there is no motivation on the part of the State to bring them to justice, but there is complete facilitation qua them at their terms. It is for the State to take a call. Suffice it to hold that the present applicants need to be protected against this exercise of powers by the State and the investigating agency. These applications therefore need to be allowed. It is also noted that, pursuant to the interim order of this Court, the questioning of these applicants is already done by the Authorities. Considering the totality this Court finds that, custodial i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Misc. Application No.18706 of 2016 (the accused No.27) have taken this Court through the narration in the complaint - line-by-line and other material on record and have submitted that, not only no offence is committed by any of these applicants, the State Authorities, including the investigating agency are acting in absolutely illegal, arbitrary and pick choose manner. Serious grievance is made that not only the applicants are victimised but that is done to show favour to the principal accused (accused Nos.1 to 9). Attention of the Court is invited to the charge-sheet which is already filed. It is pointed out that, none of them (accused Nos.1 to 9 in the FIR) is shown either as accused, or as absconding accused, and at the same time, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Public Prosecutor have vehemently opposed these applications. Learned Public Prosecutor has submitted that, the investigation is large open and all will be apprehended in due course, if required. It is submitted that the present applicants can not be permitted to take advantage of, the investigating officer not running after accused Nos.1 to 9 so far. Learned Public Prosecutor has also invited attention of this Court to the contents of the order dated 29.07.2016 in Misc. Civil Application No.1636 of 2016 in Special Civil Application No.5466 of 2016. It is submitted that both these applications be dismissed. 7. Having heard learned advocates for the applicants and learned Public Prosecutor and learned Special Public Prosecutor, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is very serious narration in the complaint against the Company viz. Dharmpal Satyapal Ltd., quantifying the alleged fraud to the tune of approximately two hundred crores of rupees (as referred in the FIR), the Directors and other responsible persons of the said company are accused Nos.1 to 9 in the FIR in question and still, not only there is no motivation on the part of the State to bring them to justice, but there is complete facilitation qua them at their terms. It is for the State to take a call. Suffice it to hold that the present applicants need to be protected against this exercise of powers by the State and the investigating agency. These applications therefore need to be allowed. 10. It is also noted that, pursuant to the in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
