GAUTAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This bunch of petitions raises a common grievance. The petitioners are the investors/ depositors. It is the submission of the petitioners that, the respondent No.5 Company, in its advertisement, in the pamphlet, issued painted a rosy picture of an investment scheme. The petitioners, fnding the scheme an attractive one, and allured by the assurances by the scheme, were prompted to either invest or deposit certain amounts in the scheme foated by respondent No.5 Company. Ultimately, it came to the knowledge of these petitioners that they are the sufferers of deceit and misrepresentation. Accordingly, the report was lodged to the police station. It was the grievance of the petitioners that, there was no progress in the matter and in spite of various provisions in the Maharashtra Protection of Interest of Depositors Act, no steps were taken by the respondent authorities either to search and locate the Directors of the respondent Company or to protect the interest of these petitioners/ depositors.

(2.) Notice was issued by this Court vide order dated 7/12/2016. In response to the notice, various afdavits were fled on behalf of respondent No.3 i.e. Superintendent of Police, Latur as well as the District Collector, Latur - respondent No.14 Shri G. Shrikant. It would be useful for our purposes to refer to the afdaviteinereply fled on behalf of the District Collector, Latur on 24/7/2019. Certain statements relating to the facts are made in the afdaviteinereply, namely on lodgement of the reports, the agency was set in motion for investment and even charge sheet is fled before the competent Court bearing No.20/2017 and the criminal case bearing No.2/2017 arising out of the charge sheet, is pending consideration of the Special Judge.

(3.) Copy of a communication is placed on record along with the afdaviteinereply as Annexure Re1. By way of this communication dated 2/2/2019, the SubeDivisional Ofcer and the competent ofcer, Latur forwarded the proposal to the Deputy Secretary of State of Maharashtra for issuance of a notifcation with a draft proposal. The necessary details are referred to in the proposal such as, the name of the accused persons, the amount involved, the material collected in the process of investment including Computers, safe and cash amounts. The modus operandi of commission of the offence is also referred to. Then there is a list of the properties stated to be purchased from the amount of depositors. Now, these properties are situated in the State of Maharashtra, State of Madhya Pradesh, State of Chhatisgarh and some other States also. Then there is also reminder dated 16/7/2019, placed on record.