Delhi District Court
State vs . Atul Mishra @ Sunil Etc. on 20 October, 2022
IN THE COURT OF SHRI DEEPAK KUMARI
ACMM: NORTHWEST: ROHINI COURTS: NEW DELHI
FIR No. 904/2002
PS: Saraswati Vihar
U/s. 420/511/468/471/120 B IPC
State Vs. Atul Mishra @ Sunil Etc.
Date of Institution of case : 11.02.2003
Date of Judgment reserved : 19.10.2022
Date on which judgment pronounced : 20.10.2022
JUDGMENT
1) Unique ID number of the case: 534003/2016
2) Date of commission of offence: On and before 14.12.2002.
3) Name of complainant : NAND KISHORE S/o Sh. Bhim Rao, R/o Gali No. 2, Deepak Nagar Durg, PS Mohan Nagar, Durg, Chhatisgarh.
4) Name and address of accused: (1) ATUL MISHRA & SUNIL S/o Sh. Rajender Mishra (Proceedings abated) (2) NARENDER KUMAR @ RAMPAL S/o Sh. Kunwarpal (Since P.O.) (3) BUNTY BHARDWAJ @ RAJNIKANT S/o Sh. Bachchi Ram (Since P.O) DEEPAK KUMAR Digitally signed by DEEPAK KUMAR CASE No. 534003/2016 Date: 2022.10.20 FIR No. 904/02 17:46:48 +0530 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 1/13 (4) NASIR @ ANIL, S/o Gulam Ahmed, R/o 63, Chhata Lal Miyan, Daryaganj, Delhi.
5) Offence complained of : U/s 420/468/471/120 B
or proved IPC
6) Plea of accused persons : Pleaded not guilty
7) Final Order : ACCUSED NASIR @
ANIL IS ACQUITTED.
BRIEF REASONS FOR DECISION
Brief facts
1. Case of the prosecution in brief is that on and before 14.12.2002 at about 2.40 pm at office No. 1106, GDITL Tower, B8, Netaji Subhash Place, Pitampura, Delhi, within the jurisdiction of PS Saraswati Vihar, all the accused persons namely Atul Mishra @ Sunil (since expired), Bunty Bhardwaj @ Rajnikant, Nasir @ Anil and Narender Kumar @ Rampal agreed to do an illegal act to lure public persons through advertising in newspapers for securing the jobs in nonexisting Suzuki Technology Ltd with registration No. DL 01630/93 and induced them to make payment for securing the job. Further, all the accused persons in connivance with each other, forged certain document i.e duty date slip for the purpose of cheating and fraudulently and dishonestly used the same as genuine. Thereafter, accused persons in connivance with each other, cheated the complainant by dishonestly inducing him to deliver Rs. 2050/, copy of high school certificate, affidavit and visiting Digitally signed by DEEPAK card belonging to complainant at the time of conducting the DEEPAK KUMAR KUMAR Date: CASE No. 534003/2016 2022.10.20 17:46:53 FIR No. 904/02 +0530 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 2/13 interview for the purpose of job in the said company. All the accused persons in connivance with each other also attempted to cheat public persons namely Pramod Dayaram Chawke, Ravinder Kumar Panda, Sachin Murdheray, Rajiv Garg, Atul Suresh Rao Kawley and Amit Kumar by inducing them through advertisement to deposit certain amount of money for securing the job. Thus, the accused persons thereby committed offences punishable 420/511/468/471/120B IPC. On the basis of the above allegations, the present FIR bearing No. 904/2002 was registered at police station Saraswati Vihar and the accused persons have been charged with the above offence.
2. After completion of investigation, charge sheet against accused persons namely Atul Mishra @ Sunil, Bunty Bhardwaj @ Rajnikant and Nasir @ Anil for offence U/s 420/468/471/120B IPC was filed in the Court and after complying with the provisions of Sec. 207 Cr.P.C, arguments on charge were heard. Charge were framed U/s 420/511/468/471/120B IPC against accused Atul Mishra @ Sunil, Bunty Bhardwaj @ Rajnikant and Nasir @ Anil on 07.05.2010 vide which they pleaded not guilty and claimed trial.
Vide order dated 18.04.2015, proceedings against accused Atul Mishra @ Sunil were abated. Vide order dated 30.03.2006 and 04.02.2020, accused persons namely Narender Kumar @ Rampal and Bunty Bhardwaj were declared proclaimed offenders. Hence, vide this judgment fate of accused Nasir @ Anil only is to be decided.
3. In support of its case, the prosecution examined 09 Digitally signed by DEEPAK DEEPAK KUMAR CASE No. 534003/2016 KUMAR Date:
2022.10.20 FIR No. 904/02 17:46:58 +0530 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 3/13 witnesses. Thereafter, statement of accused Nasir @ Anil was recorded under Section 313 Cr.P.C.
Appreciation of evidence in the light of settled legal propositions.
4. I have heard the arguments of Ld. APP for State and Ld. LAC for the accused Nasir @ Anil and also perused the record and written submissions carefully.
5. PW1 Pramod deposed that in year 2002, he was residing at C/o Madhukar Kapile, 608, Chilnis Nagar, Bigh Tajbag Umred Road, Nagpur, permanent R/o At PO Nand, Tha, Bhiwapur, Nagapur. He saw one advertisement in Lokmat, Marathi Danik newspaper regarding appointment of Supervisors and other posts in Suzuki Technology Ltd (STL). Thereafter, he posted one application for recruitment of post of supervisor. After sometime, he received one memorandum regarding appointment from the STL. On 14.12.2002, he came to the office of STL at GDITL Tower, Netaji Subhash Place, New Delhi where he came to know that the said company was bogus. He handed over one visiting card Ex. PW1/A of the company bearing its address, one memorandum Ex. PW1/B regarding appointment and cutting of newspaper Ex. PW1/C regarding the advertisement to police which were seized vide memo Ex. PW1/D. Digitally signed by DEEPAK DEEPAK KUMAR KUMAR Date:
2022.10.20
6. PW2 Nand Kishore deposed that in year 2002, he was 17:47:02 +0530 working in wire company as supervisor. In the first week of CASE No. 534003/2016 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 4/13 October 2002, he saw one advertisement in the Dainik newspaper regarding the appointment of Store Keeper and other posts in Suzuki Technology Limited (STL). Thereafter, he sent one application for the recruitment of post of storekeeper on 10.12.2002. After sometime, he received one memorandum regarding appointment alongwith visiting card from the STL having its office at GDITL Tower, Netaji Subhash Place. The said memorandum of appointment is Ex. PW2/A. According to the said memorandum, the candidates have to deposit Rs. 2050/ cash as security amount and it was also mentioned in the memorandum that the candidates have to join their duty on or before 16.12.2002. On 14.12.2002, he came to Delhi after receiving visiting card from the office of STC. He reached at the office of STC in GDITL Tower, NSP, Pitampura, Delhi where he met with one person namely Nasir @ Anil who asked him to wait for the interview alongwith other persons who had also come for the job in the said office. After sometime, he was asked to go inside the room where three persons were sitting and their names were revealed as Atul Mishra, Bunty and Narender. He handed over the documents to those persons and also gave Rs. 2050/ to them. His documents and said money were kept by those persons in the drawer. In the meantime, police officials came there and started to enquire those persons. He came to know that said STC company was fake one and it was not having any tie up with Suzuki Company and they were receiving money from innocent persons like him on the pretext of job. IO recorded his statement Digitally signed by DEEPAK Ex. PW2/B and seized duty slip vide memo Ex. PW2/C. The DEEPAK KUMAR KUMAR Date:
2022.10.20 17:47:06 other documents handed over by him to accused persons were +0530 seized vide memo Ex. PW2/D. He correctly identified accused CASE No. 534003/2016 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 5/13 Nasir who was present in the office and asked him to wait for the interview.
7. PW3 Ramesh Kumar brought the record of MTNL landline No. 7194543 and 7192123. As per record, the landline No. 7192123 was registered in the name of Sunil Kumar from 13.09.2002 to 01.03.2004 and copy on judicial file is Ex. PW3/A. However, the record of landline No. 7194543 is not available with them.
8. PW4 Atul Suresh Rao Kawale deposed that in year 2002, he saw one advertisement in Lokmat, Marathi newspaper regarding appointment of Store Keeper in Suzuki Technology Ltd (STL). Thereafter, he applied against the same post. After sometime, he received one memorandum regarding appointment from the STL at GDITL Tower, NSP, New Delhi. When he reached at the said office, he came to know that the said company was bogus. IO seized the envelope containing the memorandum and the memorandum vide memo Ex. PW4/A and Ex. PW4/B as well as the cutting of newspaper Ex. PW1/C.
9. PW5 Rajeev Garg deposed that in year 2002, he saw one advertisement in Lokmat, Marathi newspaper regarding appointment of Store Keeper in Suzuki Technology Ltd (STL).
Thereafter, he applied against the same post. After sometime, he received one memorandum regarding appointment from the STL at GDITL Tower, NSP, New Delhi. When he reached at the said Digitally signed by DEEPAK office, he came to know that the said company was bogus. IO DEEPAK KUMAR KUMAR Date:
2022.10.20 17:47:10 +0530 seized the envelope containing one visiting card and the CASE No. 534003/2016 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 6/13 memorandum vide memo Ex. PW5/A and Ex. PW5/B as well as the visiting card Ex. PW5/C and cutting of newspaper Ex. PW1/C.
10. PW6 Ravinder Kumar Panda deposed that in year 2002, he saw one advertisement in Prajatantra, Oridya newspaper regarding appointment of Store Keeper in Suzuki Technology Ltd (STL). Thereafter, he applied against the same post. After sometime, he received one memorandum regarding appointment from the STL at GDITL Tower, NSP, New Delhi. When he reached at the said office, he came to know that the said company was bogus. IO seized the envelope, one visiting card and the advertisement vide memo Ex. PW6/A. The advertisement is Ex.
PW6/B. The visiting card and envelope are Ex. PW6/C and Ex. PW6/D.
11. PW7 Retired SI Rambir Singh deposed that on 14.12.2002, he was posted as SI in SIT section of crime branch at Amar Colony, Delhi. On that day, IO/ SI Dev Raj received information that some persons are conducting interview on the fake assurance of job in Suzuki Technology Ltd. and said interviews were being conducted at GDITL Tower, NSP, Pitam Pura, Delhi and accused persons were taking Rs. 20002500/ from the victims as security. On the basis of said information, a raiding party comprising of inspector Bhim Singh, Insp. MC Katoch, SI Bhim Singh, HC Attar Singh, Ct. Sehdev, Ct. Sunil and him was prepared. At about 2:15 pm, they reached at Pitampura Delhi and requested 45 public persons to join investigation but none of them agreed for it and left the spot DEEPAK without disclosing their names and addresses. While not wasting the KUMAR time, at about 2:40 pm, they went to the abovesaid office and found a Digitally signed by DEEPAK KUMAR CASE No. 534003/2016 Date: 2022.10.20 FIR No. 904/02 17:47:15 +0530 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 7/13 person at the gate of said office whose name was revealed as Nasir. Some other persons were also present there who had come for interview and they told them that interview was going on in a room inside that office. They entered the said room and found that three persons namely Atul Mishra, Bunty Bhardwaj and Narender Kumar were sitting on the chairs and were conducting interviews. At the same time, one person namely, Nand Kishor was coming out of that room after his interview. IO interrogated said persons i.e. Atul Mishra, Bunty Bhardwaj and Narender Kumar and asked them about their genuineness or registration for conducting interviews on behalf of Suzuki Technology Ltd, but they could not produce any such documents. The duty slip handed over to Vipin Nand Kishor was seized by IO vide seizure memo already Ex. PW2/C. IO checked the drawer of the table and found some advertisements, money etc. and same were seized vide seizure memo Ex. PW2/D. Thereafter, IO prepared tehrir and handed over to Ct. Satender for registration of FIR. IO also seized the documents from victims namely, Daya Ram, Ravinder Kumar, Sachin, Rajiv, Atul and Amit and said documents were seized by separate seizure memos which are already Ex. PW 6/A, Ex. PW7/A, Ex. PW5/A, Ex. PW4/A, Ex. PW7/B. Thereafter, IO recorded his statement. He correctly identified accused Nasir in the court.
12. PW8 SI Ashok Kumar deposed that on 14.12.2002, he was posted as HC in SIT section of crime branch at Amar Colony, Delhi. On that day, IO/SI Dev Raj received information that some persons are conducting interview on the fake assurance of job in Suzuki Technology Ltd. and said interviews were being conducted at GDITL Digitally Tower, NSP, Pitam Pura, Delhi. Accused persons were taking Rs. signed by DEEPAK DEEPAK KUMAR KUMAR Date: 20002500 from the victims as security. On the basis of said 2022.10.20 17:47:19 +0530 information, a raiding party comprising of inspector Bhim Singh, Insp.
CASE No. 534003/2016 FIR No. 904/02PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 8/13 MC Katoch, SI Bhim Singh, HC Attar Singh, Ct. Sehdev, Ct. Sunil and him was prepared. At about 2:15 pm, they reached at Pitampura, Delhi and requested 45 public persons to join investigation but none of them agreed for it and left the spot without disclosing their names and addresses. While not wasting the time, at about 2:40 pm, they went to the abovesaid office and found a person at the gate of said office whose name was revealed as Nasir. Some other persons were also present there who had come for interview and they told them that interview was going on in a room inside that office. They entered the said room and found that three persons namely, Atul Mishra, Bunty Bhardwaj and Narender Kumar were sitting on the chairs and were conducting interviews. At the same time, one person namely, Nand Kishor was coming out of that room after his interview. IO interrogated said persons i.e. Atul Mishra, Bunty Bhardwaj and Narender Kumar and asked them about their genuineness or registration for conducting interviews on behalf of Suzuki Technology Ltd.but they could not produce any such documents. The duty slip handed over to Vipin Nand Kishor was seized by IO. IO checked the drawer of the table and found some advertisements, money etc. and same were seized. Thereafter, IO prepared tehrir and handed over to Ct. Satender for registration of FIR. IO also seized the documents from victims namely, Daya Ram, Ravinder Kumar, Sachin, Rajiv, Atul and Amit and said documents were seized by separate seizure memos. Accused persons namely, Nasir, Bunty Bhardwarj, Narender Kumar and Atul Mishra were arrested by IO vide arrest memos Ex. PW8/A, Ex. PW8/B, Ex. PW8/C, Ex. PW8/D. Their personal searches were conducted vide search memos Ex. PW8/E, Ex. PW 8/F, Ex. PW8/G and Ex. PW8/H. IO seized the documents of tenancy in favour of accused persons vide search memo Ex. PW8/I. Digitally signed by Thereafter, IO recorded his statement. Accused Nasir was correctly DEEPAK DEEPAK KUMAR KUMAR Date:
2022.10.20 identified by him.
17:47:24 +0530 CASE No. 534003/2016 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 9/13
13. PW9 Retired ACP Bhim Singh deposed that on 14.12.2002, he was posted as Inspector in SIT section of crime branch at Amar Colony, Delhi. On that day, IO/SI Dev Raj received information that some persons are conducting interview on the fake assurance of job in Suzuki Technology Ltd. and said interviews were being conducted at GDITL Tower, NSP, Pitam Pura, Delhi. Accused persons were taking Rs. 20002500 from the victims as security. On the basis of said information, a raiding party comprising of SI Rambir Singh, Insp. MC Katoch, SI Bhim Sain, HC Attar Singh, Ct. Sehdev, Ct. Sunil and him was prepared. At about 2:15 pm, they reached at Pitampura Delhi and requested 45 public persons to join investigation but none of them agreed for it and left the spot without disclosing their names and addresses. While not wasting the time, at about 2:40 pm, they went to the abovesaid office and found a person at the gate of said office whose name was revealed as Nasir. Some other persons were also present there who had come for interview and they told them that interview was going on in a room inside that office. They entered the said room and found that three persons namely, Atul Mishra, Bunty Bhardwaj and Narender Kumar were sitting on the chairs and were conducting interviews. At the same time, one person namely Nand Kishor was coming out of that room after his interview. IO interrogated said persons i.e. Atul Mishra, Bunty Bhardwaj and Narender Kumar and asked them about their genuineness or registration for conducting interviews on behalf of Suzuki Technology Ltd. but they could not produce any such documents. The duty slip handed over to Vipin Nand Kishor was seized by IO. IO checked the drawer of the table and found some advertisements, money etc. Thereafter, IO prepared tehrir and handed over to Ct. Satender for registration of FIR. IO also seized the documents from victims Digitally DEEPAK signed by DEEPAK KUMAR namely, Daya Ram, Ravinder Kumar, Sachin, Rajiv, Atul and Amit KUMAR Date:
2022.10.20 17:47:29 CASE No. 534003/2016 +0530 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 10/13 and said documents were seized. All the four accused persons were arrested by IO and their personal search was also conducted by IO. Thereafter, IO recorded his statement. Accused Nasir was correctly identified by him.
14. Thereafter, prosecution evidence was closed and statement of accused Nasir @ Anil U/s 313Cr.P.C was recorded in which accused denied all the allegations leveled against him. Accused opted not to lead defence evidence.
15. I have heard argument addressed by Ld. APP for the State and the Ld. LAC for the accused and have perused the record carefully.
16. At the very outset, it is to be noted that there is hardly any evidence against the accused Nasir@ Anil in the present case. The only allegation against the accused is that he was found standing outside the office of the other accused persons. There is no evidence against the accused Nasir @Anil to connect him with the case in hand. Neither there are any assertions of the prosecution witnesses that he was involved in any manner in inducing the public persons/victims to part away with their money on the pretext of providing job in some fictional company. There is no credible evidence to show that accused Nasir @Anil was part of any conspiracy to dupe the gullible persons as alleged by the prosecution. Neither, there is any evidence against him to show if he was involved in preparation of any fake/forged documents or use any such document as genuine. In short, this is the classic case of no evidence. Digitally signed by DEEPAK DEEPAK KUMAR KUMAR Date:
2022.10.20 17:47:33 +0530 CASE No. 534003/2016 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 11/13
17. In the case of 'Kulwinder Singh Vs. Kafeel Ahmad' Cr. L.P. No. 478 of 2011, decided on 04.01.2013 Hon'ble Delhi High Court has held that the basic principle in criminal law is that the guilt of the respondent/accused must be proved beyond reasonable doubt and if there is any slightest doubt about the commission of an offence then the benefit has to accrue him.
18. Thus, in view of the totality of circumstances and the settled legal positions as discussed above, so far as, the case against the accused Nasir@ Anil is concerned, the case attempted to be built by the prosecution, appears to be suffering from fatal infirmities. It appears also relevant to acknowledge and appreciate the fact that criminal conviction entails enigmatic and stigmatic experiences and exposures for the accused and thus it becomes of paramount importance to demand evidence of unimpeachable character and of unambiguous nature. From the above discussion and findings, in my considered view accused namely Nasir @Anil deserves to be acquitted.
19. In view of the above analysis, I am of the considered opinion that the prosecution has failed to prove the case against the accused namely Nasir @Anil. Accordingly, the accused namely Nasir @Anil is acquitted of the offence charged against him.
Digitally DEEPAK signed by DEEPAK KUMAR
20. Bail bond in terms of Section 437A Cr.PC has already KUMAR Date:
been obtained from the accused (since acquitted) in compliance 2022.10.20 17:47:38 +0530 CASE No. 534003/2016 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 12/13 of the judgment of the Hon'ble High Court in State Vs Virender Yadav & Anr. 2014 I A.D (Del.) 389.
21. File be consigned to Record Room after due compliance and be revived as and when accused Narender Kumar and Digitally Bunty Bhardwaj are apprehended.
signed by DEEPAK DEEPAK KUMAR KUMAR Date:
2022.10.20 17:47:44 +0530 Announced in the open Court on 20.10.2022. (DEEPAK KUMARI) ACMM (NorthWest) Rohini Courts/Delhi CASE No. 534003/2016 FIR No. 904/02 PS- Saraswati Vihar State Vs. Atul Mishra @ Sunil Etc Page 13/13