TaxTMI 
TaxTMI 
2019 (5) TMI 1712
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....ng in Complaint Case No.720 of 2017, Serious Fraud Investigation Office Vs. Mohammad Iqbal and others, under Sections 420, 468, 471, 120B I.P.C., and Sections 211, 297, 299, 301, 678, 629-A of the Companies Act, 1956 and Sections 129, 184, 188, 189, 447 and 448 of the Companies Act, 2013, Police Station Gomti Nagar, District Lucknow, pending in the court of the Additional Sessions Judge, Court No.3 and Special Judge, (Companies Act), Dwarka, District Court / Delhi and quashing of the summoning order dated 24.01.2019 passed by the aforesaid court. At the very outset, objection has been raised by the learned Additional Solicitor General of India, Shri Gyan Prakash to the maintainability of this application under Section 482 Cr.P.C before thi....
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....e of action arose. The auction-purchase was made at Lucknow and the subject matter of this auction was undeniably several sugar mills located in various districts, Bareilly, Shahjahanpur, Deoria, Jaunpur etc. and the central office of the applicants is situated at Saharanpur. 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 i....
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....h would not, ipso facto, denude this High Court of exercise of its jurisdiction over the proceeding of the complaint case at Dwarka. Learned counsel has placed reliance on a judgment (dated 10-10-2013) by the Full bench of this High Court - on point of exercise of jurisdiction under Section 482 Cr.P.C in the matter of application under Section 482 No. 7681 of 2012 - Paritosh Kumar Vs Union of India through C.B.I Abc Lucknow and others, with seven connected applications. In his concluding argument, learned counsel engaged attention of this Court to particular contents of complaint moved before Special Judge Dwarka and claimed that in the same case when an F.I.R. was lodged at Gomti Nagar - at Lucknow at Case Crime No.1409 of 2017, the co-a....
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.... 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 could not have been such auction sale. Auction sale is inalienably connected with the various sugar mills located in different districts of Uttar Pradesh. As per allegations in complaint, nothing of the sort ever took place at Delhi....
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.... reproduced in the complaint. This is against principle of fair play and judicial propriety. Thirdly, shoddy investigation has been done. The Investigating Officer has recorded statement of dead persons. One Bano Begum wife of Abdul Wahid died on 13.12.2015, whereas she has been arrayed at Serial No.3 in the complaint and her statement recorded. Similarly, one Mahboob Alam son of Abdul Rashid died on 24.06.2015 but his statement, too, was recorded by the Investigating Officer for which no plausible explanation can be given. Death certificates of both these have been made part of this application vide annexure no.4. Allegations regarding indulgence in money laundering and illegal mining by the applicants are specifically denied. Learned Ad....
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....e same is based on material collected in investigation and the summoning order cannot be faulted with as a prima facie case for summoning is made out. Consequently, the prayer made for interference in the summoning order dated 24.01.2019 is refused. At thus juncture, the learned counsel for the applicants relinquished the prayer for quashment of the summoning order and submitted that the applicants may be permitted to seek their discharge by filing appropriate application. Considered the submission so raised. Under facts and circumstances of the case, it is provided that in case the applicants move an appropriate application before the trial court seeking discharge within three weeks from today, the same shall be considered and decided on....