Tejpal Nunia And Others v. State Of Haryana & Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-4523 of 2016 (O&M) Date of Decision: June 01, 2016 Tejpal Nunia and others

...Petitioners

VERSUS

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Ravinder Malik, Advocate for the petitioners.

Mr.D.R.Singla, Deputy Advocate General, Haryana for respondents No.1 to 4-State.

Mr.Satbir Gill, Advocate for respondents No.5 to 10.

**** INDERJIT SINGH, J.

Petitioners have filed this petition under Section 482 Cr.P.C. against State of Haryana and other respondents for quashing of FIR No.359 dated 17.09.2015 registered at Police Station Rewari City under Sections 420, 467, 468, 471, 120-B, 506 and 406 IPC and all other consequential proceedings arising therefrom.

Notice of motion was issued and learned State counsel as well as learned counsel for respondents No.5 to 10 appeared and contested the petition.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.

CRM No.M-4523 of 2016 -2From the record, I find that FIR No.359 dated 17.09.2015 was registered against the petitioners under Section 420, 467, 468, 471, 120-B, 506 and 406 IPC, on the basis of the complaint moved jointly by the private respondents. The case as set up by the private respondents in the FIR is that the petitioners have opened companies by getting publications in various newspapers and other advertisement, representing them as Preeya Parivar and petitioner No.1 happens to be a Patron for all the companies and other petitioners had been managing the said companies in various capacities. It is also the case that about three lacs persons have been made members by the petitioners and about `265-350 crores has been embezzled by them.

It is also in the FIR that `6,800, `7,800/-, `11,700 and `11,800/- was initial deposit to become member against which manifold profit was assured apart of various services like computer, education, life insurance etc. In this regard, various seminars were conducted in Rewari also and large amount was got deposited by duping the complainants and various other persons and their amount had been misappropriated by the petitioners.

It is the case of the State in the reply that apart from present FIR, other FIRs have also been registered against the petitioners in Rajasthan and even in Districts Bhiwani, Hisar of Haryana. The investigation, so far reveal that there is an act of large scale embezzlement on the part of the petitioners by duping various persons.

At the time of arguments, it is stated that the investigation is at initial stage and even some of the petitioners have not joined the investigation and the quashing of the present FIR at this junction shall amount to scuttling the investigation at its initial stage. After going through the FIR and also in view of the fact that

CRM No.M-4523 of 2016 -3investigation is at initial stage, in no way, it can be held that it is a case of civil nature or that no offence is made out from the perusal of the FIR. In no way, it can be held at this stage, that registration of the FIR is abuse of process of law or amounts to miscarriage of justice. As the investigating agency is still collecting the evidence and the petitioners have not joined the investigation, therefore, in no way, this FIR is liable to be quashed. The complainants have alleged the cheating/fraud etc. of huge amount. The mere fact that other FIRs have been registered by other victim, is no ground for quashing of present FIR. The other FIRs are not got registered by present complainants/victim. In no way, it can be held that this FIR cannot be registered in view of earlier FIR, as the earlier FIRs are by other persons in the Districts of Haryana and even in other State namely Rajasthan. Therefore, finding no merit in the present petition, the same is dismissed.

June 01, 2016 (INDERJIT SINGH) Vgulati JUDGE