TaxTMI 
TaxTMI 
2025 (9) TMI 201
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....it Petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") have been filed on behalf of the Petitioners for directing CBI to investigate collusion of ROC staff, bank employees and politicians in this gigantic scam; to direct the ED to investigate money laundering, benami transactions, disproportionate assets and other economic offences; to direct SFIO to investigate corporate, capital market & forensic fraud, etc.; and appoint a Forensic Auditor for recovery of petitioners' hard earned money. 2. The facts narrated in the Petitions are that on 01.04.2020, Petitioners came to know that Westland Trade Pvt. Ltd. is a fake, bogus and ghost Company, created by an organized international racket of money launderers. It is not a simple case of forgery, criminal breach of trust, dishonestly inducing delivery of property, cheating by personation, falsification of accounts, concealment of property, dishonest misappropriation, corporate fraud, benami transaction and black money hoarding, but the biggest franchisee scam of India. 3. This Company was registered on 26.04.2019, at Village Waz....
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....nd no one was there. Registered Head Office in Noida hardly had two people working, who had no idea about the owner or mastermind of the alleged scam. Director Mr. Kunal Keshav sent a note to the Petitioners saying that he had resigned from the Company. Mr. Manish Dahiya said that he is a college student and his identity was stolen and he has no idea about being registered as a Director of any Firm. 8. All employees who were in touch with the Petitioners were either asked to resign or they quit on their own, leaving only one person to be contacted with i.e. Mr. Arun Modi, who communicated only through WhatsApp messages. He sent information asking the Petitioners to lodge FIR against employees, claiming they defrauded him and they took all money. He further communicated through WhatsApp that he needed six months to pick up the business or else he would file for Bankruptcy and none would get anything. 9. There was no office or employee left and Mr. Arun Modi was also untraceable. The Directors, partners and beneficiaries of Westland Trade Pvt. Ltd. cheated the petitioners and converted their hard-earned money into black money and benami property, and the Store was just a way to....
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....ingh 17,00,000 Krishan Yadav 26,18,000 Rajesh Dubey 30,40,500 Akash Garg 23,00,000 Pradeep Kumar Rai 18,50,000 Satnam Singh Narula 33,00,000 Malti Devi 38,54,000 Gopal Shukla 53,00,000 Ashutosh Kumar 53,54,000 Rana Mahanama 23,54,000 Bhupinder Singh 23,50,000 Arun B V 20,00,000 Mithlesh Kumar Mishra 53,00,000 Anupama Chauhan 18,00,000 Isulal Katre 58,34,000 Prem Jha 28,54,000 Sandeep Kumar Mandal 31,30,000 Subodh Kumar Singh 36,72,500 Safal Rai 8,54,000 I.V. Sagar 53,00,000 Vikash Kumar 37,10,500 Ramshetty 53,00,000 Arvinder Singh Bajwa 28,00,000 Anil Kishore Negi 21,00,000 Rajeev Kumar 20,19,000 Naimudden Khan 18,50,000 Rupinder Singh 23,00,000 Rajendra Talekar 39,28,000 Kishankunwar Bhanwarsingh Rathore 52,54,000 Dr. Sanjotha Sunil Pujari 25,00,000 Sh. C.N. Biradar 38,54,000 Rajneesh Kumar 30,83,000 11. Various Complaints have been filed by different Petitioners to CBI, EOW, SFIO and ED. 12. Investigations by CBI is sought, as the active Directors of these fake and bogus Companies are paw....
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.... for fair and free investigations CBI, ED and SFIO be directed for registering the cases and to conduct the investigations. 17. Petitioners filed W.P.(CRL)263/2020before the Hon'ble Supreme Court of India seeking the same relief, but it was dismissed as withdrawn vide Order dated 08.02.2021 with liberty to approach the jurisdictional High Court. 18. It is further submitted that the Complaint was submitted before Commissioner of Police, Gautam Buddha Nagar, (Noida) U.P. on 24.07.2020, but Noida Police lodged only eight FIRs. It is not appropriate to use Sections of IPC as it is a clear-cut case of money laundering, benami transactions, black money, for which the intervention by CBI, ED and SFIO is required. 19. Hence, the present Petitions have been filed for issuing directions to CBI, ED and SFIO. 20. Response has been filed on behalf of EOW, wherein it is stated that no individual Complaint, whatsoever, has been filed before EOW by any of the Victim. A Joint Complaint of Mr. Akash Garg, Mr. Sajeev Kumar, Mr. Pratap Singh, Mr. Anil Kumar, Mr. Krishan Yadav, Mr. Mahender Rana and Complaints of Mr. Om Prakash, Mr. Rana Mahanama, Mr. Vipin Kumar Raghav, Mr. Mahender Singh ....
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....redibility and instill confidence in investigation or where the incident may have national and inter-national ramification. 27. No such exceptional circumstances have been brought forth in the present Petitions, and they do not merit any directions. 28. Status Report has been filed on behalf of SFIO, wherein it is stated that SFIO is not a formal party and nor is the Ministry of Corporate Affairs, the nodal ministry for SFIO.SFIO was established under Section 211 Companies Act, 2013. Being a statutory body, the powers and functions of the SFIO are circumscribed by the provisions of the Companies Act, 2013 and it functions under the mandate, thereof. The investigation into the affairs of a Company may be ordered by the Central Government under the provisions of Sections 210, 212 and 213 of the Companies Act, 2013. 29. From Section 212 Companies Act, 2013, it is evident that SFIO can be directed to investigate by the Central Government, only when it forms an opinion that such investigation is necessary. As a corollary, if the Central Government does not form any such opinion, SFIO cannot suo moto initiate investigation into the affairs of the Company. 30. Apart thereto, t....
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....is submitted that eight FIRs have been registered against Westland Trade Pvt. Ltd. The details of which have been mentioned therein. Aside from these eight FIRs, it is submitted that investigations have been conducted and various jewellery, money, electronic items and other items have been recovered from the accused persons. Aside from Mr. Arun Modi @ Rajesh Kumar @ Arvind Gandhi @ Rajesh Advani @ Sunil @ R.K. Advani @ Rohit Verma @ Rahul Gupta @ Rahul Kumar @ Vishal Modi @ Robert Blue @ Arun Kumar Modi s/o Omprakash Verma, who had severalalias, there are 28 other accused persons, out of which 14 have been arrested and have been sent to jail. 38. Chargesheet dated 10.11.2020, has already been filed against some of the accused and proceedings under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 ('Gangster Act') in Case No.966/2020 have been completed against them. 39. Further Chargesheets have also been submitted against the various accused persons. 40. Section 82 Cr.P.C. proceedings have been initiated against many accused who are absconding and Section 83 Cr.P.C. proceedings have been initiated against some other accused. ....