VINAY JAIN Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of present petition the petitioner seeks to invoke the inherent powers of this Court under Section 482 of the Code Of Criminal Procedure (hereinafter referred to 'Cr. P.C.') for setting aside of the order dated 01.06.2013, directing summoning of the petitioner as an accused in relation to First Information Report No. 12/2013, registered at P.S. Special Cell, New Delhi under Sections 387, 467, 471 & 120-B of the Indian Penal Code (hereinafter referred to as 'IPC') pending before the Chief Metropolitan Magistrate, Patiala House, New Delhi and consequently seeks quashing of the proceedings emanating therefrom qua him.

(2.) The factual matrix of the case as set out by the prosecution in the Charge sheet filed in terms of Section 173 of Cr.P.C is that on 09.03.2013 the Special Cell received an intimation regarding an extortion call made to the Informant/Respondent No.2 (Mukesh Aggarwal) from an Idea Cellular Haryana Number (9728374767), criminally intimidating and demanding payment of Rs.5 Crores (Rupees Five crores) which was to be paid within 3 days. Thereafter, respondent No.2 received another call from the extortionist from a different Idea Cellular Number (9728384257) who criminally intimidated him with death threats again. On receipt of this information a Special Cell team was tasked with the job to trace out the gang and its members. The members of the Special Cell team contacted the Nodal officer of Idea cellular, Haryana and obtained details of the subscriber. As per the information furnished by the service provider, the aforementioned belonged to one Mr. Shiv Kumar, S/o Suraj Bhan, R/o House No. 2221, Ward No. 16, Shiv Colony, Matloda, Panipat, Haryana. As per the Customer Application Form (CAF), purchaser of the sim card mobile number 9728374767 had provided a photocopy of Ration Card as an identity proof. An alternate number furnished by the subscriber was 9812498139. Further, as per the CDR of 9728374767, it was revealed that the number was activated on 09.03.2013 and the caller was located in Bahadurgarh when the alleged extortion call was made. After obtaining permission for interception of the number 9728374767, the calls from this number were intercepted besides deploying the investigating team to ascertain the aforesaid information.

(3.) The retailer of the idea sim mobile number 9728374767 namely Ravi Kant Sagar, Jind, Haryana was contacted by the investigating authorities who informed them that in the afternoon of 08.03.2013 one young person came to his shop and purchased two sim cards of idea, bearing numbers 9728374767 and 9728384257. He also informed that both the sim cards were purchased by same person who had given a copy of his ration card as an identity proof. Accordingly, permission of interception of the other number 9728384257 was also taken on 11.03.2013 vide order no. 8048-50/X(M-0277)/Spl. Cell. Dt. 11.03.2013 and its regular order was obtained on 13.03.2013. Mobile number of the complainant was also taken on interception under rule 419 vide order dt. 10.03.2013 and its regular order dt. 18.03.2013.