Raj Kishor Das @ Raj Kishor Lal Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12357 of 2017 Arising Out of PS. Case No.-117 Year-2013 Thana- BIRPUR District- Supaul ====================================================== RAJ KISHOR DAS @ RAJ KISHOR LAL DAS ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Verma For the Opposite Party/s :
Mr.Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-09-2023 Heard the parties.
2. The present application has been filed for quashing of the order dated 17.12.2016 passed by learned ACJM, Birpur (Supaul) in Birpur P.S. Case No. 117/2013, whereby and whereunder learned Judge has been pleased to take cognizance against the petitioner and directed the office to issue summons to appear before him under Sections 420, 409, 467, 468, 471, 477-A, 120-B of the Indian Penal Code, 1860, Section 68, 58-A of Companies Act, 1956, Section 58 (5) (I) (II) (III) RBI Act, 1934, Section 51(A) of the Unlawful Activities Prevention Act, 1967, Section 29(A) of the National Housing Bank Act, Section 12(1) (2) of the Peoples Money Laundering Act, 2002.
3. As per prosecution, informant in his self statement on 06.05.2013 stated that during course of patrolling near Birpur
Patna High Court CR. MISC. No.12357 of 2017(2) dt.20-09-2023 2/3 Chauk, the owner of Poonam Rest House informed him that one Pratigya Housing Finance & Construction Company was running from the first floor of his house. It was further stated in the said company large number of local people have deposited their money and the company claims to make the deposited amount double in 54 months. It is further stated that in the wake of news about chit fund scam, the customers of the company started to assemble in large numbers to withdraw their respective money. It was further alleged that Managers of the company fled away after locking its office. It was alleged that the company has duped the innocent customers in the name of multiplying their amount.
4. Their are serious allegation levelled against the petitioner of cheating and money laundering etc. The defence of the petitioner cannot be seen at the stage of cognizance, this application is dismissed.
5. The trial court is directed to proceed in the matter at the earliest.
6. Sri Manoj Kumar Singh, learned counsel appearing for the Enforcement Directorate is directed to get the matter inquired as to whether what is the progress in the case of Money Laundering and if required the E.D. will initiate E.C.I.R.
Patna High Court CR. MISC. No.12357 of 2017(2) dt.20-09-2023 3/3
7. Let a copy of this order be communicated to the District Judge, Supaul as well as Deputy Director, E.D., Patna for its compliance forthwith.
(Sandeep Kumar, J) Ranjeet/- U T