PRAGNESH HARIPRASAD PARIKH Vs. ASHOK GOVINDRAM HURRA

JUDGEMENT

(1.) SPECIAL Criminal Application No.365 of 2011 under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash and set aside decision dated 2-2-2011 of the respondent No.3-Director General of Police, Gandhinagar, transferring investigation of C.R.No.I-139 of 2007 registered with Navrangpura Police Station from CID (Crime) to CID (Economic Cell) while ordering de-novo investigation.

(2.) SPECIAL Criminal Application No.2088 of 2010 under Articles 14, 19, 21 and 226 of the Constitution of India has been filed for transferring investigation of C.R.No.I-139 of 2007 registered with Navrangpura Police Station to CBI and for carrying out fresh investigation.

(3.) FACTS in short arising from the present proceedings are that a complaint was filed by the respondent No.1-complainant which was registered as C.R.No.I-139 of 2007 with Navrangpura Police Station against the petitioner and two others inter alia alleging that the accused in collusion with each other committed offences punishable under Sections 403, 406, 420, 409, 34 and 120(B) of IPC. An agreement was entered into by the respondent No.1 as well as his son with the present petitioner on 12-12-2003 for development of their ancestral bungalow situated at Ashram Road named Florence under the partnership firm M/s Florence Construction valuing Rs.2.51 crores. Said amount was taken as investment by the petitioner in partnership firm. Similarly, petitioner was to pay Rs.50.00 lakhs as deposit and was to bear the entire cost of construction of Florence from designing stage till completion. Out of the sale receivables, Rs.2.51 crores were to be given to the petitioner and thereafter, petitioner was to be given back his cost of construction borne by him and surplus profit was decided to be divided equally between the complainant and the petitioner. All the documents remained in possession of accused including the petitioner. The entire revenue received from the sale of offices etc. was Rs.9,67,66,369/- in the account of M/s Florence Construction at Citibank. Said partnership agreement was executed on 22-4-2004 incorporating all terms and conditions of aforesaid agreement. Vide clause 10, term of partnership was extended to new project of Natraj Cinema land by consent of both the parties.