Punjab-Haryana High Court
Dr. Ritu Singh vs State Of Haryana & Another on 11 February, 2013
Author: Ranjit Singh
Bench: Ranjit Singh
Crl. Misc.No. M-27785 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-27785 of 2009
Date of decision : February 11, 2013
Dr. Ritu Singh
.....Petitioner
VERSUS
State of Haryana & another
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present : Mr. N.S. Shekhawat, Advocate
for the petitioner.
Ms. Shruti Jain, A.A.G. Haryana
for respondent No.1.
Mr. G.S. Bhatia, Advocate
for respondent No.2.
****
RANJIT SINGH, J.
Present order would dispose of two Criminal Misc. M- 27785 of 2009 (Dr. Ritu Singh Vs. State of Haryana and others) and Criminal Misc. M-4445 of 2010 (Sanjeev Sharma and others Vs. State of Haryana and another). The facts are being taken from Criminal Misc. No.M-27785 of 2009.
Petitioner-Dr. Ritu Singh through Crl. Misc. No.M- 27785 of 2009 has approached for issuance of direction to hand over the investigation of the case No.664 dated 3.12.2008 under Section 420, 467, 468, 471, 406, 506, 120-B IPC, registered at P.S. City Jind to the respondent No.4-S.P., C.B.I., Chandigarh. Crl. Misc.No. M-27785 of 2009 2
As per the allegations made in the petition, the accused persons were providing the consultancy services and were having their company registered under the name and style Worldwide Immigration Consultancy Services Ltd. with their Head Office at A- 12, Industrial Area, Phase-IV, Mohali. The petitioner got in touch with the respondents through internet and contacted them for her immigration to Europe. The respondents-accused had promised that they will manage for registration of business company in Czech Republic and will provide all documents for long terms residency permit in Czech Republic. The accused had also assured her that they will get registered the company and would provide all documents to the petitioner for immigration within a period of 3 to 6 months and asked the petitioner to deposit a sum of ` 40,000/-, which the petitioner did by way of demand draft. Later the petitioner, on the asking of the accused had deposited Euro 6600/- equivalent to ` 4,21,600/- through a demand draft on 26.03.2008 with the accused persons on the basis of the promises to get the whole process done for the immigration. Accused persons also demanded a sum of Euro 8100/- equivalent to ` 4,90,050/- and got the signatures of the petitioner on power of attorney for opening bank account and to complete the process of registration of company in Czech Republic. On 25.08.2008, the accused persons told the petitioner that the company has been registered for her to do retail and food business and assured to give the documents to the petitioner in the month of October, 2008 and again asked for a sum of ` 20,000/- which the petitioner paid in cash on 22.10.2008 against receipt No.201208/258 of Crl. Misc.No. M-27785 of 2009 3 WWICS issued by the accused persons. As the accused were having dishonest intention with the motive to cheat the petitioner by inducement as such, they provided incomplete documents to the petitioner.
The petitioner, accordingly, has made complaint to Superintendent of Police, Jind on 3.12.2008 but no action was taken to arrest the accused persons. The petitioner has even met the Chief Minister of Haryana who assured that the justice would be done to the petitioner. DGP, Haryana had also assured the petitioner for doing justice and had asked petitioner to meet ADGP, Crime Haryana. Still the official respondents failed to take action against the respondents-accused, they being very rich and influential persons. The petitioner, accordingly, has filed this petition seeking issuance of directions for proper investigation into this case.
Criminal Misc.M-No.4445 of 2010, on the other hand is filed by the respondent-accused for quashing of the FIR on various grounds.
Notice in both the petitions were issued and both the petitions are listed together. On 16.10.2012, a statement was made before this Court that the matter was sent to Crime Branch for further investigation and now untraced report has been filed and the same has been presented in the Court of Chief Judicial Magistrate, Jind. The Court had rather passed order for further investigation. The State Counsel at that stage had prayed for time to file the latest status report in the case.
Case was again adjourned on 19.12.2012 for today. Crl. Misc.No. M-27785 of 2009 4 Status report has been handed over in the Court today wherein it is disclosed that on 12.01.2013 and 30.01.2013, during the course of investigation Rajiv Bajaj, Estate Manager, World Wide Immigration Consultancy Services Ltd., A-12, Industrial Area Phase VI, Mohali (Punjab) has joined investigation. He stated that on the asking of the complainant the company has returned back the professional fee of ` 5,10,416/- through bank draft. On 29.01.2013, Rajinder Singh, Advocate, Ludhiana was also joined in the investigation who stated that the stamp on forged GPA seems to be his own, which was lost in the year 2006 and in this regard DDR No.13 dated 31.08.2006 was got recorded at Police Post, Kochhar Market, Ludhiana. The above report was also obtained through Interpol regarding complaint of petitioner made against Yana Semeneko, who has withdrawn the amount in question on the basis of forged GPA at Czech Republic. The proceedings against Yana Semeneko were dropped due to not fulfilling the requirements. During investigation, it is also found that there is no relationship between M/s. World Wide Immigration Consultancy Services Ltd., A-12, Industrial Area Phase VI, Mohali (Punjab) and G.S.B.C. with Rajinder Singh Advocate, Ludhiana. The amount withdrawn by Yana Semeneko was again got deposited by him in bank and the same has been withdrawn by the petitioner.
In view of the facts and circumstances, the Crl. Misc.No. M-27785 of 2009 5 Investigating Agency has decided to file an untraced report in this case. The status report has been filed, which is taken on record.
Counsel for the parties have been heard.
The reasons given for filing this untraced report as decided in status report as perused. It seems that the parties have reached some sort of settlement. The parties should now raise their respective please before the trial Court where untraced report is to be filed. That would be an appropriate course now. Parties would be at liberty to plead their respective cases and the trial Court would consider the same in accordance with law.
In view of the order passed in Crl. Misc.No. M- 27785 of 2009, the prayer made in Crl. Misc.No.M- 4445 of 2010 for quashing this FIR is rendered infructuous and is disposed of as such.
February 11, 2013 ( RANJIT SINGH ) sunil JUDGE