BHERTONDU CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. The applicants have filed this revision along with an application praying that the articles seized in connection with crime No. 609 of 1993, of police station Line Bazar, district Jaunpur under Section 419/420/468, I. P. C be released to them, An affidavit has also been filed in support of the revision. Counter and rejoinder affidavit have also been filed. Subsequently an application was made by the applicants praying that the revision be converted into a writ petition and in pursuance of the order of the same day, the applicants supplied requisite court-fee for a writ petition. At the hearing learned counsel for the applicants prayed, that the requisite court-fee having been supplied, the Court may exercise its jurisdiction under Article 226 of the Constitution or under Section 482, Cr, P. C. in the interest of justice.

(2.) ON 28-9-1993 one Ramesh Kumar Singh reported at police station Line Bazar stating that on 28-8- 1993 an employment advertisement appeared in the daily 'aaj' of a Company styled as Kisan Fans India Limited (for short, the Company ). The informant applied for the post of marketing manager and also deposited a postal order of Rs. 30 towards examination tee. Subse quently the informant learnt that the Company was not even registered and the employment advertisement had been published only to cheat and make easy money. ON the strength of the report, a case was registered at police station Line Bazar and the police raided the office of the company on 29-9-1993 and seized every thing that was found including cash, bank-drafts, postal orders, examination forms of the candidates, chairs, tables, carpets, durries, call bells, lemon set and the like. It also seized various documents from the office of the company including registration certificate, copies of memorandum of association and articles of association, cash book and the registers etc. The above mentioned items are detailed in the list, Annexure A-3 to the counter affidavit.

(3.) LEARNED counsel I or the State, on the other hand, submitted that Kisan Fans India Limited was a bogus company and the registration certi ficate Photostat copy of which has been filed with the rejoinder affidavit, lacks genuineness. He urged that since the F. I. R. had been lodged by Ramesh Kumar Singh, a candidate seeking employment, with the allegation that he had deposited postal order of Rs. 33 in a bogus company, the police was well within its powers to raid the office of the company and make the seizure and the office of the company. LEARNED counsel for the State has relied upon the counter affidavit and has urged that Kisan Fans India Limited was a non-existent Company. He referred to the averments in the counter affidavit to the effect that even though there was no firm by the name of Kisan Fans India Limited, an advertisement was published in the daily 'aaj' inviting applications for various categories of employment and postal order Banb Draft of Rs. 30 to Rs. 60 (category wise) was to be deposited towards examination fee and thus cheating was done. Lastly, he urged that the Kisan Fans India Limited was not registered with the office of the General Manager, Industries, Jaunpur.