SANJAY TYAGI Vs. STATE

JUDGEMENT

(1.) This application for anticipatory bail has been filed by Sanjay Tyagi. It is stated that Sanjay Tyagi was only a dummy director in M/s.Nanda Tourism Corporation Limited which is actually owned and promoted by R.K. Nanda and his wife Promila Nanda and his family members. It is stated that Sanjay Tyagi was an employee and was made Managing Director of M/s. Nanda Tourism Corporation Limited on 30th June, 2005 at the behest of the Nandas who had filed Form No.32 to the said effect. It is pointed out that Sanjay Tyagi is not concerned with M/s. Durga Builders Private Limited and is not an accused in the charge sheet filed by the police in the case of M/s. Durga Builders Private Limited.

(2.) One Manjit Kaur had filed Co.P.No. 234 of 2005 for winding up of M/s. Nanda Tourism Corporation Limited and Co.P.No. 238 of 2005 for winding up of M/s. Durga Builders Private Limited. In Co.P.No. 238 of 2005 a detailed order dated 3rd October, 2008 was passed holding interalia that the petition for winding up of M/s. Durga Builders Private Limited was a collusive petition filed to defeat the judgments/orders passed and the claims of creditors/plot holders. It was observed that Manjit Kaur had never provided security services and on the basis of falsified documents the winding up petition had been filed. Observations were also made against R.K. Nanda and Promila Nanda, directors of M/s. Durga Builders Private Limited. It was noticed that Manjit Kaur had not appeared inspite of repeated directions. Crime Branch which was investigating into some aspects was directed to conduct investigation into existence/address/whereabouts of Manjit Kaur/M/s. Kumar Security Syndicate. They were also required to investigate on the aspect of criminal conspiracy between Manjit Kaur and M/s. Durga Builders Private Limited as well as R.K. Nanda and Promila Nanda.

(3.) Subsequently by the order dated 18th April, 2009 in C.P.No. 234 of 2009 filed for winding up of M/s Nanda Tourism Corporation Limited similar directions were issued to the Crime Branch to conduct an investigation into existence/address/whereabouts of Manjit Kaur and to examine the question of conspiracy. Pursuant to the said directions EIR No. 140 of 2009 has been registered by the Crime Branch Delhi under Sections 420/467/468/471/193/196/205/120-B of the Indian Penal Code, 1860.