PRAHLAD Vs. STATE

JUDGEMENT

(1.) THIS is an application u/s 439 Cr.P.C. for grant of bail moved by the petitioner in case FIR No.196/2011 u/s 420/467/468/471/120B IPC registered with PS Economic Offences Wing.

(2.) AS per the status report submitted by the State, the FIR in the instant case was registered on the complaint of Sh. Sanjay Mishra, Director, Anjaneya Bisanpur Agro Industries (Pvt.) Ltd. who had reported that the said company had purchased the property K -1, Hauz Khas Enclave, New Delhi from Sh. M.S. Verma vide registered sale deed on 8th October, 1973. MCD vide letter dated 22nd November, 1973 informed them that mutation has been done in the name of the company. Since 1968, the building had been rented out to different parties by them. Complainant company leased the first and second floor to Hindustan Steelworks Construction Ltd., a Central Government Undertaking on 8th January, 1976 which is still occupied by them. The said complainant company leased the ground floor to M/s. Kochi Refineries Ltd., a Government of India Undertaking, on 16th December, 1978 who vacated the premises on 11th January, 2001 and since then it is in the possession of the complainant company. The electricity bill, water bill, MCD House Tax of the property in question have been paid by the Complainant company since 1973 till date. One Gurmeet Singh has asserted that he has bought the property from S.K. Malhotra on 12th August, 1985 who had bought the same from M.S. Verma on 4th March, 1971, however, nowhere in the records of MCD/DJB/DESU there is mention of S.K. Malhotra or Gurmeet Singh as the owner of the premises. Complainant company has alleged that Gurmeet Singh is nobody and is trying to rake up the issue merely to extort some kind of money. Gurmeet Singh (an NRI settled in Bangkok, Thailand) had created fake and forged sale deeds/documents and conspiracy has been hatched by the accused persons in trying to deprive the complainant company of his rightful ownership title and possession over the property in question.

(3.) LATER during investigation, complainant further reported that on 17th November, 2011 they learnt that one Gurmeet Singh, Satish Kumar Sharma and others in furtherance of their criminal conspiracy, fraudulently by forging the signatures of Vikas Mishra (Director in the company) and submitting forged and fabricated documents, applied for obtaining the digital signature of Vikas Mishra & using the digital signatures obtained through fraud, filed certain forms before the Registrar of Companies showing that they (family members/directors in the complainant company) have all been removed from the directorship of the company and Gurmeet Singh & Satish Kumar Sharma have been appointed as Directors of the company.