Sheela Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 502 of 2018 Sheela Sharma W/o Shri R. K. Sharma Aged About 54 Years R/o House No. 448/449, Raj Kishore Nagar, Near Holy Nursery School, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Superintendent Of Police, District Bilaspur, Chhattisgarh

2. Adhiraj Infra Estates Pvt. Ltd., (Company Registered Under The Companies Act, 2013), Through Its Director, Alok Bajpai, Regd. Office 2nd Floor, Surya Chambers, Vyapar Vihar Road, District Bilaspur, Chhattisgarh

3. Shriram Alliance Through Partner, Santosh Shrivastava Having Office 2nd Floor, Surya Chambers, Vyapar Vihar Road, District Bilaspur, Chhattisgarh ....Respondents For Petitioner :

Ms. S. Harshita, Advocate For State :

Mr. Ashish Shukla, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05.09.2018 Heard.

1.

Learned counsel for the parties jointly submit that this petition can also be disposed off on the similar lines as order dated 13.07.2018 passed in WPCR No.520 of 2017 and batch of petitions.

2.

Having perused the said order and the contents of this petition, I am satisfied that this petition can also be disposed off on similar lines and direction has contained in the said order. Accordingly, it is directed as follows : "It is directed that since the FIR has already been registered, the police shall be obliged to take the statement of all the victims, whosoever approaches the police with their grievance on the basis of the document held by them and may cite them as a witness. In such eventuality it is further observed that the offence shall not be diluted or allowed to be compounded until & unless the grievance of all the depositors/victims are settled as number of higher

percentage of compounding will not hold the sway for discharge from offences. It is further observed that as the complaints are also made that offences under the companies act have been committed by Adhiraj Developers Pvt. Ltd., the investigation officer who may not be acquainted with like nature of complaints of companies act, especially in this geographical area may seek necessary help from the expert on the subject and shall be free to seek assistance or advice of any counsel including that of the petitioners and thereafter may act accordingly.

3. With such observation, the writ petition stand disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha