Arun Kumar v. State Of Haryana
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% 2 "TO COMMISSIONER OF POLICE, SECTOR21, FARIDABAD. SUBJECT: COMPLAINT AGAINST ARUN KUMAR S/O. SHRI PAL R/O. HOUSE NO3756/6, NEAR NEW LIGHT PUBLIC SCHOOL, JAWAHAR COLONY, FARIDABAD, HARYANA MOB9999409380. Respected Sir, 1. That the complainant is Private Limited company
and registered under companies act and GST act. That the complainant company is in the business of Manufacturing of Automotive Parts and having its registered office address at plot no.252, sector24, Faridabad, Haryana. That Sh. Vishnu Kumar Aggarwal is the authorized person of the company, authorized by the meeting of the board of director vide board resolution dated. 10/04/2024. Further sh. Vishnu Kumar Aggarwal is the competent person to file the present complaint against above noted accused. copy of resolution is AnnexureA. 2. That Mr. Arun kumar was appointed by the complainant's company on dated. 01.05.2022 in HR Department and worked upto January 2024. Further the work and scope of Arun Kumar is to checked the list of employee who working in the company on behalf of contractors and in permanent post of the company.
Further to enrolled employees and maintained list of employees also handle by Arun kumar. It is Further submitted that Arun Kumar was also authorized person to checked and verify actual work force on the company roll as well as the contractor muster roll. That the duties of Arun Kumar is to mark the attendance, to mark the overtime period, to maintained ESIC Contribution of both share employer and employee, PF Contribution of both side employee and employer, GST Payment with the concerned department 3. That Arun Induces with the management that Arun kumar have experience and competent to maintained all record of all employee including contractor like attendance register, Salary register, ESIC, PF, Welfare Register etc and the management faith on the version of the Arun Kumar and authorized Mr.
Arun Kumar him to verify, to maintained attendance, wages, ESIC and PF Contribution of both side and welfare of company and as well as the contractors. 4. That the complainant company have three contractors who providing employees to the complainant company on their supervision. Further some employee was also hired by the third party placement service by the company. List of placement agency and contractor is given below SERIAL NAME NO. 1. M/S. IR MANAGEMENT SERVICES 2. M/S. AR ENTERPRISES 3. M/S. AM EMPLOYEMENT SERVICES PVT.
LTD. 5. That Arun Kumar send list of employee attendance to the contractor who worked in the company as per Arun Kumar and after receiving the list of employee from Arun Kumar the contractors raised invoices to the complainant company as per the list of employee submitted by Arun Kumar. Further after receiving the Invoices along with list of employee from the contractor for the particular months salary, Arun Kumar with the collusion of above noted three contractors manipulated the list of employee and by doing forgery and cheating. Arun Kumar prepared forge attendance sheet and send to the contactors on the receipt of the forge attendance sheet, contractor prepared forge salary sheet with add his personal name or his known person name and bank accounts.
Further the forge bill was prepared by the contractor with the collusion of the Arun Kumar and same was submitted in the company with the approval and verify by Arun Kumar for account section. Accounts section on the basis of verified bills of Arun Kumar release the payment to the concerned contactors details passed the forge bill and to the accounts section for transfer of funds to the contractors accounts details given below That in the month of January 2024 he started absenting from his duties without lawfull permission and authorization then the management authorized to audit the contractor record as well as the company record and authorize sh. Vishnu Kumar Complainant.
That Vishnu Kumar after verify the record like attendance, payment, ESIC, PF, GST, Welfare record ete and found following forgery done by Arun Kumar with the collusion of the contractor of the company as well as the contractor. 7. That Arun Kumar manipulated the list of employee submitted by the contractors or placement agency and add his personal and subordinate bank accounts number by manipulated the list of employee submitted by the contractors after receiving the false list from Arun Kumar. List of bank accounts of Arun kumar as given below BANK ACCOUNT DETAILS NAMEBANK 1 ZENPAY SOLUTIONS PVT LTD RBL BANK 2 CATHOLIC SYRIAN BANK LTD.
FARIDABAD ACCOUNT NO 000125681500235810 030003368264190001 100179171904 04711000061522 IFSC CODE RATNO000113 CSBK0000300 INDB0001908 PS180000471 8. That an amount of Rs.1,62,200/ was transferred by Arun Kumar from list of permanent employee of complainant company which was managed by Arun Kumar Itself. 9. That an amount of Rs.8,10,465/ (Rs.7,31,909/Rs.78,556/) from M/s. I R Management (PERIOD JANUARY 2023 TO DECEBER 2023), Rs.2,78,549/ from M/s. AR Enterprises and Rs.4,60, 413/ (PERIOD MARCH2023 TO DECEBER 2023) from M/s. AM Employment Services Pvt. Ltd (PERIOD JANUARY 2023 TO AUGUST 2023) transferred by Arun Kumar by mentioning wrong employee name in the list of employee worked through above noted contractors.
Further Arun Kumar manipulated the contractor list and mention his known person name in which the salary was transferred by Arun Kumar intentionally just to cheat the complainant company. Further the above noted person did not deposited the workers welfare, ESIC PF Contribution and grab the money of government due. Copy of relevant documents is AnnexureB to AnnexureE 10. That the accused do the act of cheat and forgery in employee list with the intention to cheat. 11. That the complainant found that some of our record is missing after the above said misconduct done by Arun Kumar i.e Leave Register, Bonus Register, Monthly Wages record, Contractor agreement File and ESI Welfare record related to worker personal file. Therefore I requested you to take legal action/lodge FIR against the above noted person.
Sd: VISHNU KUMAR AGGARWAL ENG STAMP IMP M/s. ELChico Clutch Pvt. Ltd, Plot No252, Sector24, Faridabad, Haryana. Through its Authorized Person Sh. Vishnu Kumar Aggarwal Mob 9868623863. Today Police Station: As per complaint no. 2324/CC/P dated 16.04.2024, the verification of the office of Complaint Branch CP Office Faridabad was implemented by EOW NIT Faridabad and after the order, the case was found to be of crime 408, 420, 406, 120B IPC, case no. 474 dated 03.08.
copies of FIR are being prepared by computer as per rules and sent to the service of concerned area officer. After the order, for further investigation ASI Anil Kumar 1768/FBD EOW NIT Faridabad, Mobile No. 9582200461 has been appointed as Investigation Officer."
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% 9 $% % , 2 BIt may be true, as pointed out by learned counsel appearing for Respondent No.1, that chargesheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation.
Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail.
We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted.
There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment.
Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail."
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%2 "We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favourable order under Section 438 of the code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also material which would
; have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a prearrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to thirddegree methods needs not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."
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Sham Whether speaking/reasoned Yes/No Whether reportable Yes/No