Allahabad High Court
Sanjay Kumar Bajpai vs State Of U.P. & Anr. on 14 January, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
1. Heard Mr. Sanjay Kumar Bajpai, applicant in person, Mr. Jyotinder Mishra, Senior Advocate assisted by Mr. Amit Singh, learned counsel for the opposite party No.2, Mr. Aniruddh Kumar Singh, learned A.G.A. and perused the record.
2. The present application has been filed under Section 482 Cr.P.C. for quashing the order dated 25.02.2017 passed by the Special Additional Chief Judicial Magistrate, C.B.I., Lucknow in Case No.2486 of 2017 (State vs. Gurjeet Singh) arising out of Case Crime No. 349(I) of 2012 under Sections 419, 420, 467, 468, 471, 506 I.P.C., P.S. Krishna Nagar, District Lucknow as well as order dated 24.03.2017 passed by District and Sessions Judge, Lucknow in Criminal Revision No.138 of 2017.
3. The applicant further submitted that he moved an application under Section 156 (3) Cr.P.C. in the court of Additional Civil Judge (S.D.), Court No.23, Lucknow and the aforesaid application was allowed vide order dated 17.01.2014 for lodging the F.I.R. against the accused persons. He further submitted that the accused persons duped crores of rupees from the public in the form of Chain Link Programme and Rs.30,000/- was also taken from the applicant for purchasing the policy of the company i.e. M/s V. Care Multitrade Private Limited and forged documents were provided to him. He further submitted that against the M/s V. Care Multitrade Private Limited, A-8, Sindhu Nagar, Krishna Nagar, Lucknow thirty four F.I.R.s were already registered for duping of Rs.250 Crores from the public. He further submitted that the Director, Club Member Parmanand Raudiyaal @ P. Sagar is named accused in fifteen F.I.R.s.
4. The applicant further submitted that the investigation was conducted by the Investigating Officer of Case Crime No. 349 of 2012, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Krishna Nagar, District Lucknow, in the aforesaid case, the charge sheet was filed against Parmanand Raudiyaal on 05.11.2015. He further submitted that the Parmanand Raudiyaal was arrested in Case Crime No. 349 of 2012 (supra), as a result, the Investigating Officer also taken his remand in Case Crime No. 349(I) of 2012, under Sections 419, 420, 467, 468, 471, 506, P.S. Krishna Nagar, District Lucknow. He further submitted that the investigation of Case Crime No. 349(I) of 2012 (supra) was going on, in the meantime, the Investigating Officer moved an application before the A.C.J.M.-VI, Lucknow for canceling the warrant of accused Parmanad Raudiyaal @ P. Sagar with the submission that the Investigation of Case Crime No. 349(I) of 2012 (supra) was merged in Case Crime No. 349 of 2012 (supra), as a result, the warrant issued against Parmanand Raudiyaal in Case Crime No. 349(I) of 2012 (supra) were canceled by the court below on 10.11.2015 in the most illegal manner. He further submitted that Investigating Officer, Girish Kumar Upadhyay placed an incorrect fact before the learned Magistrate by saying that the Investigation of Case Crime No. 349(I) of 2012 (supra) was merged in Case Crime No. 349 of 2012 (supra), therefore, his remand was needed only in Case Crime No.349 of 2012 (supra) and not in Case Crime No. 349(I) of 2012 (supra).
5. Learned counsel for the applicant further submitted that the applicant filed recall application of order dated 10.11.2015 which was rejected by the learned court below vide order dated 25.02.2017 with the observation that the order dated 10.11.2015 was passed at the request of the Investigating Officer that the investigation of Case Crime No. 349(i) of 2012 (supra) was merged in the investigation of Case Crime No. 349 of 2012 (supra) and it was informed by the Economic Offences Wing at the latter stage that the further investigation of Case Crime No. 349(i) of 2012 is being conducted and in case, any incriminating evidences are found against the accused P. Sagar, then the appropriate steps would be taken.
6. The applicant further submitted that he filed Criminal Revision No. 138 of 2017 (Sanjay Kumar Bajpayee vs. State of U.P.) and the said Criminal Revision was rejected by the learned Sessions Judge on 24.03.2017.
7. The applicant further submitted that on the complaint of the applicant, the investigation was transferred from police station Krishna Nagar, Lucknow to the Economic Offences Wing U.P. and he further submitted that the S.I., Girish Kumar Upadhyay (the Investigating Officer of Case Crime No. 349(I) of 2012) has given incorrect report to the learned Magistrate, as the Case Crime No. 349 (I) of 2012 (supra) was never merged in Case Crime No. 349 of 2012 (supra) and he further submitted that till today, the investigation of Case Crime No. 349(I) of 2012 (supra) is going on and the co-accused Gurjeet Singh was also named in the Case Crime No. 349(I) of 2012 (supra) and he has been enlarged on bail by the Hon'ble Supreme Court vide order dated 05.02.2018 in Criminal Appeal No. 8466 of 2017, in such circumstance, the order passed by the learned Magistrate on the request of S.I., Girish Kumar Upadhyay for canceling the remand warrant order in Case Crime No. 349(I) of 2012 (supra) vide order dated 10.11.2015 is liable to be quashed.
8. Learned Senior Counsel Mr. Jyotindra Mishra, Advocate assisted by Mr. Amit Singh on behalf of the opposite party No.2 submitted that Parmanad Raudiyaal was arrested in Case Crime No. 349 of 2012 (supra) and thereafter his remand warrant was also issued in Case Crime No. 349(I) of 2012 (supra), as the investigation was going on, thereafter, the Investigating Agency merged Case Crime No. 349(I) of 2012 (supra) in the investigation of Case Crime No. 349 of 2012 (supra) and thereafter the order dated 10.11.2015 was passed on the request of the then Investigating Officer, Mr. Girish Kumar Upadhyay. He further submitted that later on, it came into the knowledge of opposite party No.2 that his remand is being considered only in Case Crime No. 349 of 2012 (supra) and he was enlarged on bail in Case Crime No. 349(I) of 2012 on 10.11.2015 and he further submitted that opposite party No.2 is co-operating in the investigation and he never misused the liberty of bail and whenever he was called by the Investigating Agency, he appeared for interrogation, therefore, there is no illegality in the order passed by the learned court below.
9. Learned counsel for the opposite party No.2 further submitted that the applicant, Sanjay Kumar Vajpayee was also working as a sales manager in VCARE LIFE/V-CARE Multi Trade Company Pvt. Ltd., A-8, Sindhu Nagar, Krishna Nagar, Lucknow and he has taken the benefit of commission and he further submitted that on the written complaint of Shri Vinay Kumar Singh, the F.I.R. as Case Crime No. 426 of 2015, under Sections 406, 420, 467, 468, 471, 506 I.P.C., P.S. Krishna Nagar, District Lucknow was lodged on 03.12.2015, in which the applicant and his wife was also arrayed as accused No.6 and 7 alongwith other officials of the company and the investigation of the aforesaid case is also going on and he further submitted that the applicant & other accused persons filed Writ Petition No. 15587(M/B) of 2015 for quashing of the aforesaid F.I.R. of Case Crime No. 426 of 2015 (supra) which was dismissed on 04.01.2016 (order is appended as annexure No. 4 to the counter affidavit filed by the opposite party No.2) and he further submitted that there are documentary evidence that the applicant was associate in the company and obtained the benefit and he further submitted that vague reply has been given in his rejoinder affidavit in response of the pleadings mentioned in the counter affidavit, related to the association of the applicant and only with the intention to save himself, the applicant is trying to divert the investigation.
10. Learned A.G.A. opposes the prayer of the applicant and submitted that the applicant is also the accused of Case Crime No. 426 of 2015 (supra), as he induced the people for investing in the VCARE Company, but later on, it came into the knowledge that the company was closed and the people were duped with the association of the applicant and his application for quashing the F.I.R. was dismissed by this Court vide order dated 04.01.2015. He further submitted that the Directors of VCARE Multi Trade Pvt. Ltd. cheated the people in the form of collecting the money in the form of chain-link programme. He further submitted that the company was also accused for taking public money against the norms of R.B.I. as well as the I.R.D.A.I. He further submitted that the applicant was also associated with the aforesaid company and the F.I.R. No.426 of 2015 (supra) was also lodged against him and he further submitted that about Rs.250 Crores has been duped from public by the Director, officials and associates like petitioners of the aforesaid company and several cases have been registered against the Director of the Company and other officials including the present applicant by the investors and he further submitted that the Investigating Officer found that it was appropriate to merge the investigation of Case Crime No. 349 of 2012 (supra) and 349(I) of 2012 (supra), as a result, he prepared Parcha No. SCD-18 in Case Crime No. 349(I) of 2012 and merged the investigation of Case Crime No. 349(I) of 2012 (supra) in Case Crime No. 349 of 2012 (supra), due to same nature of offences and he further submitted that as the opposite party No.2 was in custody in Case Crime No. 349 of 2012 (supra) and custody remand was also issued by the concerning Magistrate on the request of the Investigating Officer of Case Crime No. 349(I) of 2012 (supra), but later on, after the merger of Case Crime No. 349(I) of 2012 (supra) in Case Crime No. 349 of 2012 (supra) which is mentioned in Parcha No. SCD-18 of Case Diary of Case Crime No. 349(I) of 2012 (supra), the application was moved before the Magistrate for canceling the custody remand warrant in Case Crime No. 349(I), as he was in custody in Case Crime No. 349 of 2012 (supra), therefore, there is no illegality.
12. Learned A.G.A. further submitted that on the request of the applicant, the Senior Officers decided to conduct further investigation by appointing another Investigating Officer, Mr. Jameel Ahmad in the Serious Crime Unit, Lucknow, as a result, on 18.11.2015 order was passed by the C.O., P.S. Krishna Nagar, District Lucknow and the investigation was handed over to Jameel Ahmad and he proceeded with the investigation, thereafter, the investigation of all the cases related to the allegation for duping the money of investors by the company was transferred to the Economic Offences Wing and the investigation was handed over to Mr. Jairam Singh, Inspector (EOW), who started the investigation on 13.01.2016 and he further submitted that after 18.11.2015, the investigation of Case Crime No. 349(I) of 2012 (supra) has been started again and he further submitted that the investigation is going on and power conferred on the Investigating Officer to arrest the opposite party No.2, after concluding the incriminating material. He further submitted that there is no illegality in the order passed by the learned Magistrate on 10.11.2015.
13. Considering the arguments of the learned counsel for the applicant, learned A.G.A., learned counsel for the opposite party No.2 and going through the records, it is evident that the huge money has been duped by the Director of M/s VCARE Multi Trade Pvt. Ltd., A-8, Sindhu Nagar, Krishna Nagar, Lucknow, officials and other associates and more than thirty four cases have been registered against the Director of the company and other associates. It is also found that the F.I.R. was also lodged against the present applicant which was registered as Case Crime No. 426 of 2015, under Sections 406, 420, 467, 468, 471, 506 I.P.C., P.S. Krishna Nagar, District Lucknow alongwith the Director and other officials of the company on 03.12.2015 and the investigation of Case Crime No. 426 of 2015 (supra) is also pending. It is also evident that the alleged scam had taken place in the year 2012 and a number of cases were registered in the year 2012 including Case Crime No. 349(I) of 2012 (supra) as it is also evident that the cases were handed over to the Economic Offences Wing, U.P. in the year 2016 and first Parcha was prepared by the Investigating Officer by Jairam Singh, Inspector, Economic Offences Wing on 13.01.2016, but about three years have been passed but the investigation has not been concluded.
14. As it is also evident from the Case Diary of Case Crime No.349(I) of 2019 (supra) that Parcha No. SCD-18 was prepared by the then Investigating Officer on 06.11.2015 and merged the investigation of Case Crime No. 349(I) of 2012 (supra) in Case Crime No. 349 of 2012 (supra), as a result, the custody warrant of Case Crime No. 349(I) of 2012 (supra) was also merged in Case Crime No. 349 of 2012 (supra), therefore, the custody warrant of the opposite party No.2 in Case Crime No. 349(I) of 2012 was set aside on the request of the Investigating Officer vide order dated 10.11.2015, but later on the officials decided for further investigation of Case Crime Nos. 349 of 2012, 349A of 2012, 349B of 2012, 349C of 2012, 349D of 2012, 349E of 2012, 349F of 2012, 349G of 2012, 349H of 2012, 349I of 2012 alongwith the Case Crime Nos. 88 of 2014, 88A of 2014, 88B of 2014, 88C of 2014, 88D of 2014, 88E of 2014, 88F of 2014, 88G of 2012, 88H of 2014, 88I of 2014, 88J of of 2014 and Case Crime No. 304 of 2015, as the Investigating Officer present in person and informed that the investigation is going on.
15. Considering the facts and circumstances of the case, the application fails on merits and is hereby dismissed.
16. As Section 173(1) Cr.P.C. provides that every investigation shall be completed without unnecessary delay in the present matter F.I.R.s were registered in the year of 2012 and initially investigation was done by the local police, thereafter, all the cases related to ponzi scam of M/s. VCARE Multi Trade Pvt. Ltd. was transferred to Economic Offences Wing, U.P. vide G.O. No.673/25-8-2015-17 (56)/2015 dated 03.11.2015 with the advice/request to conclude the investigation of the case within three months and sent the report to government, but till today further investigation in all the following cases are going on.
17. Further it came into the notice that the Economic Offences Wing was constituted being a specialized investigation branch of U.P. police for conducting the investigation and prosecution of cases of cheating, fraud and misappropriation of money. This wing is specialized in dealing the cases of non-banking offences and fake currency etc. and the working of the Economic Offences Wing is monitored by Home Department.
18. The Director General of Economic Offences Wing, U.P. is directed to depute one monitoring officer not below the rank of S.P. and conclude the investigation of all the cases lodged against the Director and associates of VCARE Multi Trade Pvt. Ltd. for duping the public money amounting Rs.250 Crores alongwith the investigation of Case Crime No. 426 of 2015, under Section 406, 407, 420, 468 and 506 I.P.C., P.S. Krishna Nagar, District Lucknow as early as possible.
18. List this case for further order on 20.02.2020.
19. The Director General of Economic Offences Wing, U.P., Lucknow shall file his personal affidavit about the status of all the aforesaid case.
20. The Senior Registrar of this Court is directed to communicate the aforesaid order to the Principal Secretary, Department of Home Government of U.P., Lucknow and the Director General of Economic Offences Wing U.P., Lucknow, forthwith, for necessary compliance.