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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.