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“To, The Senior Superintendent of Police, Janpad – Gautambuddh Nagar (U.P.) Sir, The humble request is that Applicant Puja D/o Late A.K. Tankha is R/o H.N.2106 Tower Lotus bulword Sector 100 Noida P.S. 39, Gautambuddh Nagar and Applicant is working ass Director in I.D.S. Export Pvt. Ltd. House No.208, Sector 63, Noida Company and R.K. Aneja R/o 7 Hauz Khas New Delhi are working as Director in the aforesaid company and Applicant has been working in the aforesaid company from February 2018. R.K. Aneja has been harassing and troubling the Applicant since October November 2018 and from few months R.K. Aneja has been holding hands on small works and when the Applicant works on computer while sitting then he touches the Applicant which cannot be explained by Applicant. Applicant informed this to Naresh then he said that he will make R.K. Aneja understand. Holding the hand of Applicant and touching her body in above office by the R.K. Aneja has been seen by Chaman Lal S/o Kishan Lal R/o E-1813 G.N.22, Sangam Vihar, New Delhi and Savender Singh R/o I.P. Extension New Delhi. R.K. Aneja has tried to rape Applicant and upon screaming he threatened to kill her, then the Applicant pushed R.K. Aneja and escaped from there and left the company. Applicant went to police station and police officer did not lodge his complaint then the Applicant went and met Senior Superintendent of Police Gautambudh Nagar in Public Audience and gave her complaint on which no steps have been taken. Applicant is again giving this complaint to Senior Superintendent of Police.
“…Conclusion:-
During the investigation, we spoke to both the parties and gone through all the facts and it was found that R.K. Aneja has firm in the name of “Laj Exports Limited which works in the field of Garments. The above firm was registered in the year 2005. Applicant Pooja Tankha has firm in the name of “IDS Fashions Pvt. Ltd. In the above firm Applicant and her mother are designated Director. In the year 2018 Applicant met with Accused R.K. Aneja through common friend Ajay Dalvi. Applicant informed that she has various buyer from foreign in case Accused make joint company then business can be increased. After that a joint business company was registered by the Applicant and Accused in the name of Laj IDS Exports Private Limited” in the above firm R.K. Aneja and Naresh Aneja had 75% share and Applicant had 25% share. The above firm used to do designing and export of Bridal wear and Evening Wear. Applicant had various customer in foreign therefore he was given operational management work whereas the account finance and other policy decision were with R.K. Aneja and Naresh Aneja. Because of various difference between the Applicant and Accused during the business of company, the dispute arose in the company. Accused states that Applicant used to book the orders received from foreign in her own private company “IDS Fashions Private Limited and ‘CrPC’ for short Abbreviated as ‘CJM’ not in the name of Laj IDS Exports Private Limited, but the resources were used of Laj IDS Exports Private Limited. On the other hand the Applicant states that the foreign customers know her personal company IDS Fashions Private Limited and not Laj IDS Exports Private Limited therefore all orders are taken in the name of IDS Fashions Private Limited and those are fulfilled by the company Laj IDS Exports Private Limited, the information was well within the knowledge of the other Director of Laj Exports Private Limited. Accused has made allegation on the applicant that she has booked the order from foreign without any acceptance/approval and did not give any information to the Accused and has got the work executed from “Laj Exports Private Limited because of which huge financial loss has occurred. On the other hand Applicant states that even after being Director she was not able to see the accounts of “Laj IDS Exports Private Limited and she has made allegation on the other Directors that they have done misappropriation of account and theft of tax.
directed registration of complaint and investigation thereof. On 4th September, 2019, First Information Report5 No. 1074 of 2019 came to be registered u/s 354 & 506 of IPC where under the present appellant is A-2.
Certain portions are extracted below: -
“…Copy complaint in Hindi in typed form before Hon’ble Chief Judicial Magistrate Sir, Gautambuddh Nagar, Complaint No. 457 of 2019 Pooja D/o Late A.K. Tankha, R/o H.N.2106 Tower Lotus Vulworld Sector 100 Noida P.S. 39, Gautambuddh Nagar… Applicant Versus 1. R.K. Aneja Director 2. Naresh Aneja Director presently working in Company and address Laj IDS Export Pvt. Ltd House No.208, Sector 63, Noida, District Gautambuddh Nagar,.. Respondent. Ps Phase 3, Complaint under Section 156(3) CrPC, sir the humble request is that Applicant Pooja D/o Late A.K. Tankha R/o H.N. 2016 Tower Lotus Sector 100, Noida PS 39 Gautambuddhnagar is working as Director in the company and R.K. Anuja and Naresh R/o 7 Hauz Khas New Delhi are also the director in the above company. Applicant has been working in the aforesaid company from February 2018. R.K. Aneja has been harassing the troubling the Applicant since October November 2018 and from few months R.K. Aneja has been holding hands on small works and when the Applicant works on computer while sitting then he touches the Applicant which cannot be explained by Applicant. Applicant informed this to Naresh then he said that he will make R.K. Aneja understand. Holding the hand of Applicant and touching her body in above office by the R.K. Aneja is seen by Chaman Lal S/o Kishan Lal R/o E- 1813 G.N. 22 Sangam Vihar, New Delhi and Savender Singh R/o I.P. Extension New Delhi. R.K. Aneja has tried has tried to rape Applicant and upon screaming he threatened to kill her, then the Applicant pushed R.K. Aneja and escaped from there and left the company. Applicant went to police station and police officer did not lodge his complaint then the Applicant went and met Senior Superintendent of Police Gautambudh Nagar in Public Audience and gave her complaint on which no steps have been taken. Applicant is again giving this complaint to Senior Superintendent of Police but till date no investigation has taken place. Constrained with the above the applicant is filing the present complaint here. Therefore, it is requested to you sir, that direction be given to the Station House Officer Phase-3 to lodge the first information report against the above persons and take legal actions. Date 14.08.20219 Applicant SD English…illegible” (emphasis supplied) For short ‘FIR’ 3.5 It is also to be noted that, shortly after the present complainant filed her complaint, the appellant and his brother filed a complaint against the complainant alleging criminal breach of trust, cheating, and siphoning of funds of the partnership concern.
“sir the above case was registered on the complaint of the above Complainant Pooja Tankha after investigation by SI Pramod Kumar Tyagi PS Phase 3. The above investigation was transferred from PS 3 to PS Site 5. I SI have gone through the above case and received C.D. and investigated. In the above case there is an anticipatory order from the Hon’ble High Court of Allahabad for the arrest of above accused Rajinder Kumar Aneja S/o Santlal Aneja R/o H-7, Hauz Khas, PS Hauz Khas New Delhi because of which the Accused cannot be arrested. Upon investigation statement of complainant and witness were taken and inspected the incident spot and statement under Section 164 Cr.PC was taken from Accused Rajender Kumar Aneja S/o Santlal Aneja R/o H-7, Hauz Khas PS Hauz Khas New Delhi 2. Naresh Kumar Aneja S/o Sant Lal Aneja R/o H-7, Hauz Khas PS Hauz Khas New Delhi, which is found under Section 354/506 IPC. Therefore, the Charge Sheet is present through Challan before Hon’ble Court. Kindly give appropriate punishment.” Criminal Writ Petition 22246 of 2019; disposed of vide order dated 1 st October 2019 Cognizance thereon was taken on 24th June, 2020.