फरीदाबाद, 20 नवंबर: फरीदाबाद सेक्टर 12 कोर्ट में वकालत करते वाले वकील राजू त्यागी ने बाइकबोट निवेश घोटाला करने वालों पर कोर्ट के जरिये FIR दर्ज करवाई है. कोर्ट के आदेश पर सेंट्रल थाना पुलिस ने मुकदमा न0 432 दिनाँक 18.11.2020 धारा 406,420,120B IPC के तहत दर्ज किया है.
Garvit Innovative Promoters Limited कंपनी ने फरीदबाद के सैकड़ों लोगों के निवेश किये हुए पैसे लेकर उड़ गयी, यही नहीं वकील राजू त्यागी के चैंबर में भी एक आरोपी आया और उन्हें निवेश करने को कहा, वकील ने उसकी बात मानते हुए कंपनी में 62,100 रुपये निवेश किये, जिसपर कंपनी ने हर महीनें 9800 रुपये ब्याज देने का ऑफर दिया था लेकिन यह धोखेबाज कंपनी वकील राजू त्यागी के पैसे भी लेकर उड़ गयी, शिकायत करने पर कंपनी ने वकील को 2,26,816 रुपये का एक चेक दिया जो बैंक में डालने पर बाउंस हो गया.
FIR में 11 लोग नाम के आरोपी बनाये गए हैं और कई अन्य बेनाम आरोपी हैं. शुरुआती शिकायत में कोई सुनवाई ना करने वाली सेंट्रल थाना पुलिस ने कोर्ट के आदेश पर FIR दर्ज की है इसलिए यह देखना दिलचस्प होगा की पुलिस इस मामले में क्या एक्शन लेती है. अगर पुलिस ने एक्शन नहीं लिया तो कोर्ट आगे की कार्यवाही करेगा।
FIR अंगरेजी में लिखी गयी है जिसे हम जस की तस लिख रहे हैं -
IN THE HON'BLE COURT OF ILAQUA MAGISTRTE,FARIDABAD Misc. Appl. No. of 2020 IN THE MATTER OF: Raju Tyagi son of Shri Hari Ram Tyagi Chamber No.48, Ground Floor, Lawyers Chamber Building, Sector-12, Faridabad Mobile No.7678616151 .... Applicant VERSUS 1. Garvit Innovative Promoters Limited Plot No.1, Chiti, Dadri, Gautam Budh Nagar, U.P. India 203202 Through its Directors/Managing Director 2. Sanjay Bhati son of Shri Rattan Bhati Director of Garvit Innovative Promoters Limited - R/o Village Chiti, Dadri, Distt.Gautam Budh Nagar, U.P. 3. Deepti son of Harsh, Resident of Badripuram, Kankarkhera,Meerut U.P.4. Sachin Bhati son of Shri Rattan Singh, Resident of Rameshwaram Park, Loni, Ghaziabad, U.P.5. Karanpal Singh son of Shri Kehri Singh, Resident of House No.F 83, Gangasagar, Mawana Road, Defence Colony, Meerut, U.P.(Director) 6. Adesh Bhati son of not known 7. Balwant Singh 8. Tarun Sharma 9. Rajesh Bhardwaj 10.Sanjay Bohra 11. Vijay Pal Kasana 12.Other unknown persons All at Plot No.1, Chiti, Dadri, Gautam Budh Nagar, U.P. India 203202 ....Accused P.S.-Central, Faridabad APPLICATION UNDER SECTION 156(3) Cr.P.C.FOR DIRECTIONS TO S.H.O. P.S. CENTRAL FARIDABAD FOR REGISTRATION OF FIR AND MONITORING OF INVESTIGATION Most Respectfully Showeth:
1. That the applicant is an advocate by profession, practicing law in the Faridabad Courts.
2. That the accused no.1 is a Limited company situated at the address mentioned above and accused No:2 to 12 have been the Director/ Joint Direors/ Managing Director/Manager/ Employee of the accused No.1 and were looking after the day to day affairs of accused No.1.
3. That accused No.1 launched a scheme in 2017 namely “Bike Boat” wherein they offered the people/investors to invest Rs.62,100/- and against the same company offered Rs.9800/- per month till one year to the investor. In the above said regard company also used to issue the unique identity number to every investor. The accused No.1 company further offered the investors to get the other persons joined the company as . investors in the same scheme and for the same accused company offered the separate bonus.
4. That in Nov.2018 the accused No.5 namely Karan Pal Singh visited the chamber of applicant with one of his known person and introduced himself as Director of accused No.1. The accused Karan Pal further introduced his scheme namely “Bike Boat” to the applicant and some of his companions Advocates and offered for the investment in the said scheme.
5. That thousands of investors have Yvested in the said scheme offered by accused No.1 and believing upon the offer of accused the applicant also invested Rs.62,100/- in the said scheme. The amount of Rs.62.100/- was invested in cash by depositing the same into the account of accused company hearing a/c number 1409102000013590. IDBI Bank, in the name of accused No.1 on dated 17.12.2018 from his banker State Bank of India, Mini Sectt. Branch, Sector-12, Faridabad. The Unique identity number issued by the company to the applicant is 1586205. Money deposit slip is Annexure-A.
6. That all the accused with the object and intention of deceiving, cheating,grabbing, the thousands crore rupees of investors conspired with each other, closed the company and cheated, defrauded all the investors. The accused persons have deliberately cheated the applicant also.
7. That the accused persons cheated the applicant with Rs.2,26,816/- which were/are due against the company as per the scheme offered by accused No.1. Many FIRs in the different places have been registered against the accused persons for entrapping and cheating the investors in the above said scheme namely “Bike Boat”, some of the accused have been arrested and are in Jail and some are still out of the reach of the police. In some of the case the charge-sheet has also been presented in the Courts of law.
8. That after several request of the applicant accused No.5, issued cheque bearingNo.822725 dated 10.1.2020 on behalf of accused No.1 for an amount of Rs.2,26,816/- which upon presentation for encashment by the applicant got dishonoured twice. Photocopy of cheque is Annexure-B. return memos are Annexure-C D respectively. The applicant has filed a complaint Under Section 138 of N.I.Act in the same regard. Copy of the complaint U/s 138 of N.I.Act is Annexure -E.
9. That all the accused with common intention in connivance with each other conspired, deceived, entrapped thousands of investors including the applicant, cheated, defrauded and grabbed their hard earned money. The cheques issued by accused No.1 to the investors including applicant have been dishonoured.
10. That the applicant moved a written complaint against all the accused persons to the S.H.O., P.S. Central Faridabad on 10.2.2020 bearing Diary No.36 5P II but the police did not take any action against the accused persons.
11.That the applicant also moved an application in the same regard to the D.C.P. Central, Sector-12, Faridabad on 15.7.2020 bearing diary No.293P but despite that police has not taken action against the accused persons. Despite the repeated follow up and requests by the applicant, police of P.S. Central Faridabad is not taking any action against the accused persons despite the facts mentioned above that many FIRs have been registered against the above said accused persons for the act of cheating mentioned above in the garb of à fraud scheme namely “Bike Boat”, despite the fact that some of the accused persons are in prison at District Jail Noida. The police is not interested to take any action against them on the complaint of the applicant. Printout of the status of the cases pending against the accused persons are Annexure -F (Colly)..
12. That accused No.5 met with the applicant in his chamber No.48, situated at Lawyers Chamber building, Sector-12, Faridabad, applicant deposited the investment money in favour of the accused No.1 through his banker State Bank of India, Mini Sectt. Situated at Sector-12, Faridabad, accused issued the cheque in favour of the applicant and handed over the same to the applicant in his above said chamber which is situated within the territorial jurisdiction of this Hon'ble Court.
13. That as accused persons have cheated the applicant and has committed -the cognizable offences within territorial jurisdiction of P.S.Central Faridabad, the applicant moved written complaint against the accused persons to S.H.O. Central Faridabad, but police did not take any action.The applicant also forwarded his complaint to DCP Central Sector-12, • Faridabad but despite that police has not taken any action against the accused persons till date. The copy of complaint to S.H.O. is Annexure G and complaint given to D.C.P. Central Faridabad is Annexure-H.
14.That as various cognizable offences punishable u/s 409, 420,120B 34 of IPC have been committed in the jurisdiction of PS-Central, Faridabad. The police authorities were approached by the applicant by way of complaints but no action has been taken by the police against the accused persons though they are duty bound to do so as per the judgment of Hon'ble Supreme Court in Lallan Chaudhary Ors Vs. State Of Bihar Anr. 2006 (3) JCC 1731 and also the landmark judgments in Ramesh Kumari Vs. State (N.C.T. of Delhi) Ors. 2006 I AD (Cr.) S.C. 505 AND State of Haryana and Others Vs. Bhajan Lal and Others 1992 Supp (1) SCC 335. Reliance is placed on the recent judgment of the Hon'ble Supreme Court titled Lalita Kumari Versus State of U.P. Writ Petn. (Crl) No. 68/2008 with SLP (Crl) No. 5986/2006, 5200/2009, decided on 12.11.2013, wherein it has been held in Para 111: i. Registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such.a situation. ii. If the information does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. iii. If the information discloses the commission of a cognizable offence, the offence must be registered. In cases where preliminary inquir' ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. The police officer cannot avoid his duty' of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register FIR if information received by him discloses a cognizable offence
15.That fair investigation is the pillar of the Administration of justice and in absence of fair investigation, no justice can be delivered. That the accused persons hatched the conspiracy with common intention, deceived, cheated the applicant and thereby caused wrongful gain to themselves and wrongful loss to the applicant, it is needed to bring the evidences showing the dishonest intention, connivance and conspiracy of the accused persons which is possible only through the thorough investigation by the police as there would be outcome in the investigation that: (a)To nab the accused persons and present them before the Hon'ble Court.(c)To find out the nexus between the accused persons.(d)To seize the ledgers/books of accounts/fake certificates and enquire about if any to find out how many other people have been cheated, cases of such fraud and/or other complaint/ offences are pending against the accused persons and establish if the accused persons had the criminal background?(e)To discover previous and subsequent conduct of the accused persons, pending cases against them so as to procure evidence to prove the dishonest intention?
16. That all these facts require thorough investigation by the police and also all these facts are to be produced before the Hon'ble Court, which is possible only when there is a thorough and fair police investigation as it is not possible for the applicant in its own capacity. Though the applicant has deep faith in police officials but in view of the conduct of the police of P.S. Central Faridabad in pursuance of the complaint of the applicant till date, the applicant has no hope as the police has not taken any action against the accused persons till date, hence prefers this application and prays before the Hon'ble Court.PRAYER It is, therefore, most respectfully prayed :(i) That this Hon'ble Court may kindly be pleased to call the status/ ATR from the Police.(ii) To issue directions to the S.H.O.P.S. Central, Faridabad to register a case against the said accused persons, produce them before the Hon'ble Court and to investigate the matter further and to submit their final report in this regard.(iii) to. Monitor the investigation of the case till the police submits its final report before the Hon'ble Court.
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