MOTILAL VORA Vs. SUBRAMANIAN SWAMY & ANR.

JUDGEMENT

(1.) As both the impugned orders arise out of the same Criminal Complaint bearing C.C. No.09/1/13 titled as "Subramaniam Swamy v. Sonia Gandhi & others", so all these petitions are being taken together for decision.

(2.) The factual matrix is that a complaint for offences under Sections 403, 406 and 420 IPC read with Section 120B of the IPC was filed against the accused persons, namely, Sonia Gandhi @ Edvige Albina Antonia Maino, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda @ Satyanarayan Gangaram Pitroda and Young Indian (hereinafter accused Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda @ Satyanarayan Gangaram Pitroda and Young Indian shall be referred to as "the petitioners") by the respondent No.1 -Dr.Subramanian Swamy (hereinafter referred to as "complainant"). It was alleged in the complaint that the accused persons committed fraud, cheating and other offences against All India Congress Committee (Congress Party) and The Associated Journals Ltd. (AJL), who are the publishers of National Herald newspaper, which was founded under the Chairmanship of Sh.Jawarharlal Nehru. The AJL was closed and printing of newspapers was terminated with unpaid debt of Rs.90 crores. On 23.11.2010, Young Indian Pvt. Ltd. was incorporated with Rs.5 lakh as paid up capital in which Ms.Sonia Gandhi and Sh.Rahul Gandhi were having 38% shares each. A board resolution of Young Indian Pvt. Ltd. was passed to own the debt of AJL after obtaining interest free loan from the Congress Party. In a board meeting, AJL agreed to transfer its entire share equity to Young Indian Pvt. Ltd. for Rs.50 lakhs. Accused persons were claimed to be the office bearers of the Congress Party. It was further alleged that AJL was having assets worth Rs.2000 crores which became the property of Young Indian Pvt. Ltd. for a mere Rs.50 lakhs and in this way the public money given to the Congress Party which was exempted from Income Tax Act, was used by the accused persons for committing fraud, cheating, misappropriation and criminal breach of trust.

(3.) The Trial Court summoned the accused persons on 26.06.2014 which was challenged before this Court by way of filing the Crl.M.C. Nos.3332/2014, 3333/2014, 3335/2014, 3336/2014 & 2156/2015 and this Court was pleased to dismiss the same vide order dated 07.12.2015. On the appearance of the accused persons before the Trial Court on 19.12.2015, the process of the trial began. During the pendency of pre -charge evidence, an application under Section 91 of the Cr.P.C. was moved by the complainant which was allowed vide impugned order dated 11.01.2016 by summoning the documents. Similarly, another application under Section 91 of the Cr.P.C. was also moved by the complainant which was allowed vide impugned order dated 11.03.2016 in which the directions were issued to summon the balance sheets of Congress Party and AJL for the year 2010 -11.