BABITA GUPTA Vs. STATE

JUDGEMENT

(1.) These writ petitions are directed against order dated 25th September, 2010. I have heard the counsel for the parties at length and as limited issue arises for consideration these writ petitions are disposed of by this order.

(2.) A charge sheet has been filed on conclusion of investigation in the First Information Report No.90/2000, Police Station Connaught Place. Mr. S.P. Gupta, Mr. Kaveen Gupta and Mr. Vipul Gupta have been summoned and are facing prosecution under Sections 420/406/409/468/471/477-A and 120-B of the Indian Penal Code, 1860 (IPC for short). Arguments on the point of charge are yet to be addressed. It is alleged in the charge sheet as under:-

(3.) M/s. VLS Finance Limited filed an application in July, 2009 under Section 451/457 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) before the trial court that the shares being the case property and derivative contraband, the same should remain seized and nobody should be allowed to use the same except in accordance with the directions of the Court and the accused should be restrained from deriving any advantage in any manner. Reply to this application has been filed by the accused. The accused have also filed an application questioning maintainability of the said application on various grounds. In the meanwhile, some of the shareholders who have been issued shares moved applications for impleadment before the trial court.