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1998 DIGILAW 293 (BOM)

Vijay Kumar Sharma and others v. State of Maharashtra and others

1998-06-29

N.ARUMUGHAM, P.S.PATANKAR

body1998
JUDGMENT - N. ARUMUGHAM, J.:---This writ petition was sought for admission for granting direction to the C.B.I. to take over the investigation in respect of all the complaints against the petitioner by depositers all over India and for other consequential reliefs. 2. The petitioner by name Vijay Kumar Sharma is the Managing Director/Chairman of a group of financial companies conducting business in the name and style of (1) J.V.G. Finance Ltd., (2) J.V.G. Leasing Ltd., (3) J.V.G. Securities Ltd., (4) J.V.G. Holdings Ltd., (5) J.V.G. Investments. The above companies were functioning in Mumbai Maharashtra State and there are thousands of depositers to the said companies not only in the State of Maharashtra, but also in the other States of the country. In view of the non-return of the deposit money by the said companies, the depositers used to lodge criminal complaints against the said companies and the Managing Directors, who are voluminous in nature, and who hails not only from Maharashtra but also from other States. 3. The 6th respondent is the C.B.I. Delhi Special Police established under the Act and investigating agency, with which the writ petitioner wants to take up the complaints for the purpose of investigation against him. Though several reliefs were asked for by the petitioner including the quashing of the said F.I.R. registered by the said police in the various police stations for the offence under sections 406, 420, 409, 120-B and 34 I.P.C. and so on, the petitioner has accepted that in the context of the above question, the investigating agency viz. Central Bureau of Investigation, an establishment pursuant to Delhi Special Police Establishment functioning throughout the country, is to be vested with the investigation of this case. 4. Mr. Agrawal the learned Counsel appearing for the respondent filed a reply affidavit raising the jurisdiction question of this Court while giving the direction and also the inadequacy of the infrastructure for the Central Bureau of Investigation to undertake investigation in such a huge matter as in the present case. 5. In the light of the above admitted facts and grievance and the natural gravity of the alleged offence in this case, we have considered the whole matter and perused the gravity of the situation. 5. In the light of the above admitted facts and grievance and the natural gravity of the alleged offence in this case, we have considered the whole matter and perused the gravity of the situation. The depositers from the other States of the country have also lodged complaints against the petitioner for the similar commission of offences which are pending before the concerned police and the same are not at all in controversy. Therefore, it is the prayer of the petitioner that the investigation of all the cases in toto arising in this regard against them must be entrusted with the C.B.I. for the purpose of investigation and for further proceeding after due investigation and that in this regard a direction is sought for. In the context of the very contention of Mr. Agrawal the learned Counsel appearing for the respondent, the prayer asked for by the petitioner cannot be accepted. We are not inclined, but, however, we can confine the entrustment of all the complaints made by the depositers against the petitioner's company, which are within the State of Maharashtra alone with the 6th respondent C.B.I. for the purpose of investigation and the further proceedings if any. For the rest of the complaints emerged from the depositers of the other States, we do not want to exercise our jurisdiction, but however, it is always open for the petitioner to move the Apex Court for getting appropriate action, if so advised. 6. It is, therefore, under these circumstances, since directing the C.B.I. the 6th respondent to investigate the complaints coming from the depositers of the other States is not within our province, we are constrained to direct the C.B.I. the 6th respondent herein to take all the complaints from the depositers situated within the State of Maharashtra and that such of the complaints registered by the said police station in this regard and to investigate the matter and proceed further and the C.B.I. need not investigate any other complaints from outside for any offence against the petitioner as provided by the law. 7. In the context of the grievance raised by Mr. Agrawal, we are hereby directing the State of Maharashtra and the Govt. of India to provide the necessary infrastructure to the 6th respondent C.B.I. to perform their lawful duties and to investigate all the complaints as expeditiously as possible and to proceed with as provided by law. 7. In the context of the grievance raised by Mr. Agrawal, we are hereby directing the State of Maharashtra and the Govt. of India to provide the necessary infrastructure to the 6th respondent C.B.I. to perform their lawful duties and to investigate all the complaints as expeditiously as possible and to proceed with as provided by law. Regarding the investigation by the C.B.I., it is hereby directed that the petitioner shall appear before the C.B.I. every day or at any time when he is required for the purpose of interrogation, at the place he is asked to come and appear and that the petitioner shall appear and produce all the relevant records, if the investigating agency wants the petitioner to produce. 8. The petitioner shall not leave the country on any account without the permission of the Court and ensure that he shall surrender his passport to the C.B.I. within two weeks from today. 9. The C.B.I. is directed to interrogate such of the officials of the petitioner or the petitioner at any time they want by intimating in advance and specifying the time and place and interrogate and make enquiries with the petitioner and their staff and the petitioner shall comply with the demands and requirements of the C.B.I. for the purpose of investigation. 10. The C.B.I. while investigating the complaints shall complete their investigation as expeditiously as possible and proceed in accordance with the law and they shall not arrest the petitioner. The petitioner is already directed to appear before the C.B.I. at the place and the time on the day when he is required to be present before the C.B.I. for the purpose of interrogation and enquiry. 11. The above order is applicable for Criminal Writ Petition No. 692 of 1998 also and investigation in both the cases should be carried out by the same Officer of the C.B.I. Pursuant to the investigation done by the C.B.I. he is directed to attend the C.B.I. office at Kitab Mahal, Fort, Bombay. An ordinary copy of this order authenticated by the Sheristedar of this Court be given to both the sides. Certified copy expedited. -----