Punjab-Haryana High Court
Unifact Edutech Pvt.Ltd And Others vs State Of Haryana And Others on 2 March, 2021
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
CWP-3841-2020 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
101 CWP-3841-2020 (O&M)
Date of decision: 02.03.2021
UNIFACT EDUTECH PVT. LTD AND OTHERS ...Petitioners
Versus
STATE OF HARYANA AND OTHERS ...Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present :
Mr. Vishwendra Verma, Advocate for the petitioners.
Mr. Samarth Sagar, Addl. AG, Haryana.
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ANIL KSHETARPAL, J. (Oral)
In the considered view of this Court, present writ petition is an abuse of the process of the Court. Through this writ petition, the petitioners have prayed for the following substantive reliefs:-
"i. Issuance of a writ in the nature of mandamus for protection of rights of the petitioners 2 to 4 under Articles 19 and 21 of the Constitution of India with a prayer to direct the respondents to conduct proper and fair investigation/inquiry in the FIR No.610 dated 30.09.2019, PS DLF Distt. Gurgaon under Section 406/420/506 IPC, FIR No.0300 dated 25.05.2019 PS DLF Distt. Gurgaon under Section 406/420 IPC, FIR No.0016 dated 10.01.2020, PS DLF Distt. Gurgaon under Section 420/467/468/471 IPC, FIR No.0017 dated 10.01.2020, PS DLF Distt. Gurgaon under Section 420/467/468/471 IPC, FIR No.0429 dated 20.05.2019, PS Panipat City Distt. Panipat under Section 406/420 IPC as per law especially in view of the arbitration clause set in the agreements with the complainants, annexed with petition, being purely civil dispute and 1 of 8 ::: Downloaded on - 24-08-2021 09:02:32 ::: CWP-3841-2020 (O&M) -2- further directing the respondent No.1 and 2 to pass appropriate speaking orders on the representations dated Annexure P-12 (colly) further directing the respondent No.3 to 5 to hold proper and fair investigation. ii. Further writ in the nature of mandamus directing the respondent No.1 and 2 to protect the rights of the petitioners under Articles 19 and 21 of the Constitution of India by holding inquiry before registration of any FIR on the complaint regarding any alleged economic offence received in future providing fair chance to the petitioners by participating in the inquiry as registration of FIR after FIR without holding inquiry is causing irreparable loss to the petitioners as well as students who are presently availing the services/consultancy for study at Universities outside India and to entrust the investigation of the instant case for any fair and competent investigation of the instant FIRs as stated in the petition to fair and competent investigation agency which this Hon'ble Court deems fit to meet the ends of justice. Further directing the respondents to take proper legal action against the persons who might be found liable for false implications for petitioners in the FIRs by furnishing false and misleading information about the dispute if any which is purely civil in nature for avenging their personal grudge and malice and concealing material facts while filing the complaint before the police.
iii. To issue any other writ, order or direction which this Hon'ble High Court may deem fit and proper under the peculiar facts and circumstances of the present case. iv. It is further prayed that during the pendency of the present writ petition the proceeding in the FIR No.610 dated 30.09.2019, PS DLF Distt. Gurgaon under Section 2 of 8 ::: Downloaded on - 24-08-2021 09:02:33 ::: CWP-3841-2020 (O&M) -3- 406/420/506 IPC, FIR No.0300 dated 25.05.2019 PS DLF Distt. Gurgaon under Section 406/420 IPC, FIR No.0016 dated 10.01.2020, PS DLF Distt. Gurgaon under Section 420/467/468/471 IPC, FIR No.0017 dated 10.01.2020, PS DLF Distt. Gurgaon under Section 420/467/468/471 IPC, FIR No.0429 dated 20.05.2019, PS Panipat City Distt. Panipat under Section 406/420 IPC may kindly be stayed in the interest of justice, equity and fair play."
Sh. Samarth Sagar, Addl. AG, Haryana, has filed status report by way of affidavit of Assistant Commissioner of Police, DLF, Gurugram on behalf of respondent No.1 to 4, same is taken on record.
It has been disclosed that the petitioner company allured a number of students by offering them education in various courses in Germany and collected huge amount. However, neither the students were able to get admission nor amount collected was returned. As per the affidavit, following cases along with their status has been disclosed:-
1. FIR No.300 of 2019 under Section 420/406 IPC PS DLF Sector 29, Gurugram There are six accused persons in this case i.e Ranadeep Ghoshal, Aashima Malhotra, Prateek Nepalia, Sandeepan Kavirajan, Kaushik Bose and Pooja Boria. The matter is under investigation.
2. FIR No.392 of 2019 under Section 420/406 IPC PS Shivaji Nagar, Gurugram In this matter, a quashing petition has been filed before this Hon'ble High Court which is fixed for 27.04.2021.
3. FIR No.429 of 2019 under Section 420/406 IPC PS City Panipat 3 of 8 ::: Downloaded on - 24-08-2021 09:02:33 ::: CWP-3841-2020 (O&M) -4-
The challan in this case has been submitted in the Court on 04.10.2019. The trial of the case is fixed for 04.03.2021 in the Court of Ld. CJM, Panipat. The warrants of the accused persons have been issued by the Ld. CJM.
4. FIR No.610 of 2019 under Section 420/406/467/468/471/506 IPC PS DLF Sector 29, Gurugram There are seven accused persons in this case i.e. Ranadeep Ghoshal, Aashima Malhotra, Prateek Nepalia, Sandeepan Kavirajan, Kaushik Bose, Anant Kumar and Pooja Boria. The challan against Kaushik Bose and Anant Kumar has been submitted in the Court and the matter is fixed for 04.03.2021 in the Court of Ld. CJM, Gurugram. The matter is under investigation qua the other accused.
5. FIR No.16 of 2020 under Section 420/406/467/468/471 IPC PS DLF Sector 29, Gurugram There are five accused persons in this case i.e. Ranadeep Ghoshal, Aashima Malhotra, Prateek Nepalia, Sandeepan Kavirajan and Kaushik Bose. The challan against Kaushik Bose has been submitted in the Court and the matter is fixed for 26.05.2021 in the Court of Ld. CJM, Gurugram. The matter is under investigation qua the other accused.
6. FIR No.17 of 2020 under Section 420/406/467/468/471 IPC PS DLF Sector 29, Gurugram The accused persons in this case are Ranadeep Ghoshal, Aashima Malhotra, Prateek Nepalia, Sandeepan Kavirajan and Kaushik Bose. The challan against Kaushik Bose has been submitted in the Court and the 4 of 8 ::: Downloaded on - 24-08-2021 09:02:33 ::: CWP-3841-2020 (O&M) -5- matter is fixed for 26.05.2021 in the Court of Ld. CJM, Gurugram. The matter is under investigation qua the other accused.
7. FIR No.132 of 2020 under Section 420/406/506/120-B IPC PS Sector 29, Gurugram The accused persons Ranadeep Ghoshal, Aashima Malhotra, Prateek Nepalia, Sandeepan Kavirajan and Kaushik Bose have not joined the investigation as yet. The matter is under investigation.
8. FIR No.188 of 2020 under Section 420/406 IPC PS DLF Sector 29, Gurugram The accused persons Ranadeep Ghoshal, Aashima Malhotra and Prateek Nepalia have not joined the investigation till date. The matter is under investigation.
9. FIR No.198 of 2020 under Section 420/406 IPC PS DLF Sector 29, Gurugram The accused persons Ranadeep Ghoshal, Aashima Malhotra and Prateek Nepalia have not joined the investigation till date. The matter is under investigation.
10. FIR No.239 of 2020 under Section 420/406/506 IPC PS DLF Sector 29, Gurugram The accused persons Ranadeep Ghoshal, Aashima Malhotra and Prateek Nepalia have not joined the investigation till date. The matter is under investigation.
11. FIR No.63 of 2021 under Section 420 IPC PS DLF Sector 29, Gurugram The matter is under investigation.
As per information available on the High Court website, the petitioners and other co-accused have filed various petitions before this Court which have either been decided or are pending. The information available from the High Court website is extracted as 5 of 8 ::: Downloaded on - 24-08-2021 09:02:33 ::: CWP-3841-2020 (O&M) -6- under:-
Sr. FIR No. Case No. Status Remarks No. 1 FIR No. 392 CRM-M-40974- 2019 titled as Pending for Compromise dated Ranadeep Ghosal and another 27/04/2021 quashing 24/03/2019 u/s Vs. State of Haryana and 420,406 IPC another P.S. DLF , Sector -29 Gurugram 2 FIR No. 610 CRM-M-9232- 2020 titled as Pending for Anticipatory dated Ranadeep ghosal Vs. State of 06/04/2021 Bail 30.09.2019 U/s Haryana 406,420,467 , CRM-M-49941-2019 titled as Pending for Quashing 468 and 471.
Uniglobal Services Pvt. 22.04.2021 and 120 B IPC Limited and another Vs. State of Haryana Allowed on Regular 05/06/2020 Bail CRM -M-11977-2020 titled as by HMJ Kaushik Bose Vs. State of Mahabir Haryana (Regular Bail) Singh Sindhu Dismissed CRM-M20461-2020 tiltled as on Prateek Nepalia Vs. State of 15/01/2021 Pre arrest By HMJ Bail Haryana Har Naresh Singh Gill 3 FIR No. 16 CRM-M -9248- 2020 titled as Interim Pre arrest dated Ranadeep Ghosal Vs. State of Bail bail 10.01.2020 U/s Haryana granted 406,420,467,4 Pending for 68,471 of IPC 07/04/2021 Police Station CRM -M24899-2020 titled as Pre arrest Pending for at DLF Sector Parteek Nepalia Vs. State of Bail 07/04/2021
-29 Gurugram Haryana CRM -M4095-2021 titled as Kaushik Bose Vs. State of Pending for Quashing Haryana 05/03/2021 6 of 8 ::: Downloaded on - 24-08-2021 09:02:33 ::: CWP-3841-2020 (O&M) -7- Sr. FIR No. Case No. Status Remarks No. 4 FIR No. 239 CRM-M-30770-2020 titled as Pending for Pre arrest dated Parteek Nepalia Vs. State of 19/03/2021 bail 08/07/2020 U/s Haryana Interim 406,420 IPC , order has Police Station been vacated DLF Sector - 29 vide order Gurugram dated 22.01.2021 CRM-M-43958-2020 titled as Interim Pre arrest Ashima Malhotra Vs. State of relief bail Haryana granted, Pending for 09/04/2021 Interim Pre arrest CRM-M-43610-2020, titled as relief Bail Ranadeep Ghosal Vs. State of Haryana granted Next date -
09/04/2021
5 FIR No. 198 CRM-M-29315-2020 titled as Dismissed Quashing
dated Prateek Nepalia Vs. State of By HMJ Har
03/06/2020 U/s Haryana Naresh
406,420, IPC , Singh Gill
Police Station on
DLF , Sector - 26/11/2020
29 Gurugram
6 FIR No. 17 CRM-M- 9192 - 2020 titled as Dismissed Anticipatory
dated Ranadeep Ghosal Vs. State of by HMJ Bail
10/01/2020 u/s Haryana H.S. Madan
406,420,467,46 on
8,471 IPC , 07/01/2020
Police Station , CRM-M-24354-2020 titled as Dismissed Anticipatory DLF Sector -29 Prateek Nepalia Vs. State of by HMJ Bail Gurugram Haryana H.S. Madan on 07/01/2020 7 FIR No. 132 CRM-M-31254- 2020 titled as Interim bail Anticipatory dated Prateek Nepalia Vs. State of granted by Bail 24/03/2020 u/s Haryana HMs. J. Jai 406,420, Shree 467,468, and Thakur 471 IPC , Police CRM-M-43890- 2020 titled as Pending for Station , Sector Ashima Malhotra Vs. State of 05/04/2021
-29, Gurugram Haryana Interim bail granted ,and Pending for 03/05/2021 CRM-M-43944- 2020 titled as Interim bail Ranadeep Ghosal Vs. State of granted and Haryana Pending for 03/05/2021 7 of 8 ::: Downloaded on - 24-08-2021 09:02:33 ::: CWP-3841-2020 (O&M) -8-
Sr. FIR No. Case No. Status Remarks
No.
8 FIR No. 188 CRM-M-29768- 2020 titled as Dismissed Pre arrest
dated Prateek Nepalia Vs. State of by HMJ Bail
23/05/2020 u/s Haryana Anil
420,406 IPC , Kshetarpal
Police Station on
DLF , Sector - 25/09/2020
29 Gurugram
From the affidavit, it is apparent that in some cases, the matter is under investigation whereas in some cases, the police has already submitted the final report before the Court of competent jurisdiction.
Keeping in view the aforesaid facts, this Court is not inclined to issue the writs as prayed for.
Hence, disposed of.
02.03.2021 (ANIL KSHETARPAL)
ashok JUDGE
Whether speaking/reasoned: Yes / No
Whether reportable: Yes / No
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