TMI Blog2019 (5) TMI 1712X X X X Extracts X X X X X X X X Extracts X X X X ..... licants move an appropriate application before the trial court seeking discharge within three weeks from today, the same shall be considered and decided on its merit by speaking order after affording opportunity of hearing to both the sides - no coercive action shall be taken against the applicants till the period of three weeks from today or till presentation of the application, whichever is earlier - Application disposed off. - APPLICATION U/S 482 No. - 18806 of 2019 - - - Dated:- 10-5-2019 - Arvind Kumar Mishra-I, J. Counsel for Applicant:- Sudhanshu Srivastava Counsel for Opposite Party:- G.A.,A.S.G.I. ORDER Arvind Kumar Mishra, Heard Sri Sudhanshu Srivastava, learned counsel for the applicants, Sri Gyan Prakash, learned Additional Solicitor General of India for opposite party no.2, Sri Jitendra Kumar Rai, learned A.G.A. assisted by Sri Bhanu Prakash, Brief Holder for the State and perused the record. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding in Complaint Case No.720 of 2017, Serious Fraud Investigation Office Vs. Mohammad Iqbal and others, under Sections 420, 468, 471, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anpur. The first information report was also lodged at District Lucknow. The allegations are specific that the applicants-accused amassed huge money by indulging in illegal mining in and around areas of district - Saharanpur. These allegations have been tried to be sharpened by alleging that various false entities in the shape of companies and trust were created with the help of financially trained persons in order to legalize the money auction purchase was made at Lucknow in utter violation of rules and bye laws and sugar mills were purchased at considerable lower price than the minimum bidding price. All these facts when taken as a whole and put together would palpably lead to conclusion that the entire 'cause of action' arose in this case exclusively within different places and districts of Uttar Pradesh. It is settled position while determining point of jurisdiction in a criminal case that the place where the crime was committed holds center position. The learned counsel also pressed in service provisions of Section 177 Cr.P.C and claimed that place of commission of the offence determines jurisdictional rights. It is to be seen that there is no bar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ountants and clerks etc. was taken. Auction purchase of certain sugar mills (scattered over a few districts in Uttar Pradesh), at Lucknow was a move in furtherance of ill design to legalize ill-gotten money and surprisingly these mills were purchased at lower prices in the auction than was the minimum bidding price. Thus, the entire gamut of the crime is not confined only to auction - purchase at Lucknow. The whole of the allegations made give way to money laundering at other places, as well. Auction-purchase at Lucknow appears to be a tip of the iceberg of the totality of the offence of money laundering allegedly committed by the applicants. Thus, field of the alleged crime is astonishingly gorgeous and widespread to different places in Uttar Pradesh. Auction-purchase cannot be read in isolation with the other crime committed by the applicants. The auction-purchase no doubt encompasses in its ambit - the various sugar mills - the subject matter of the auction - located in various districts of Uttar Pradesh. These sugar mills are the original cause and the auction sale is its natural effect. In the absence of sugar mills (located in various districts of Uttar Pradesh), there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding indulgence in money laundering and illegal mining by the applicants are specifically denied. Learned Additional Solicitor General has retorted to aforesaid contentions and clarified that ample material has been collected against a large number of persons including all the applicants who have committed a number of offences whereby they made huge illegal gains in shape of money and the scrutiny of entire facts cannot be gone into casually at this juncture. Proper scrutiny of facts is to be done by the trial court itself. Ample proof of complicity of the applicants - accused in indulging money laundering exists. The applicants instead of participating in the proceeding before the trial court have rushed to this Court for no worthy cause. Upon consideration of the various facts alleged in the complaint, it is apparent that proceeding has been initiated against the applicants by moving complaint before the Special Court (Companies Act) Dwarka - Delhi - which inter-alia involves allegations of violation of various laws / rules of Companies Act, 1956. Exposure is made to various illegal omissions and commissions in the background of illegal land mining, creating fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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