MS. BABA BETI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Gyanendra Kumar Mishra, holding brief of Shri Vivek Srivastava, learned counsel for the petitioner through Video Conferencing, Shri R.P.S. Chauhan, learned counsel for the Union of India, Shri Kuldeep Srivastava, learned counsel for the Enforcement Directorate, Shri Satish Chaturvedi, learned counsel for the State Bank of India, Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Shri G.P. Singh, learned A.G.A. for the State-respondents, Shri Gyan Prakash, learned Senior Counsel assisted by Shri Sanjay Kumar Yadav, learned counsel for the CBI, Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Aditya Gupta, learned counsel for SKS Ispat and Power Ltd., and perused the record.

(2.) Initially, the petitioner approached this Court seeking a fair investigation in the impugned FIR[First Information Report No.0115 of 2021 dtd. 26/9/2021, u/s 120B, 420, 467, 468, 471, 474, 476, 506, 507, 511 IPC,]. However, through an amended application, the prayer was modified to request the transfer of the investigation to the CBI. For clarity, the amended prayer is reproduced herein after:

(3.) The petitioner, a teacher and social worker, became aware of corporate fraud allegedly committed by SKS Power Generation Limited (hereinafter referred to as "SKSPGL") and its holding companies through a newspaper publication. The incident unfolded on March 17, 2021, when she visited the State Bank of India in Jaunpur to inquire about certain transactions involving the accused, Anil Gupta. There, she was asked to submit specific papers related to the reports upon which she was basing her claims of serious corporate fraud. Shortly afterward, unidentified individuals forcibly entered her residence and warned her against pursuing the case, threatening dire consequences. Subsequently, individuals in police uniform, purportedly from Chhattisgarh, Madhya Pradesh, Maharashtra, and Uttar Pradesh, visited her home, pressurizing her to withdraw the complaint dated August 13, 2021, pending before the court of the learned Chief Judicial Magistrate in District Jaunpur, Uttar Pradesh.