PINNA N R Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Feigning innocent look for obtaining relief before this Court proved fatal. A doctorate in Engineering who approached this Court with folded hands for protection; but very soon this Court unfolded his heart and found all its arteries filled with dishonesty and fraud.

(2.) This writ petition is filed seeking Writ of Mandamus directing the respondents to make an enquiry before registering any crime against the petitioners as and when any complaint is made against them.

(3.) The first petitioner is one Dr. N.R. Pinna, the Managing Director of M/s. Midwest India Industries Limited, formerly known as Midwest Leading & Finance Limited. He claims to be pioneer in establishing Midwest group of industries with his engineering acumanship. The second petitioner is the company itself. The first petitioner is promoter of Midwest Group of Companies including the Midwest India Industries Limited. It was registered in the year 1980. The principal business of the company is to accept the deposits from various individuals and companies and to advance the same to other companies. It has its Registered Office at 105-C, Mittal Tower, Nariman Point, Mumbai and Head Office at Begumpet, Hyderabad. It has number of branches all over the country. It has been carrying on the business of financing by way of hire purchase. But, however on account of revised guidelines issued by the Reserve Bank of India in 1997, the company started running into heavy losses. It has around 12000 depositors and 3000 debtors. Since the deposits made by various depositors matured and on account of loss sustained by the company, it could not repay the deposits to the subscribers. Number of complaints were made against the company, and it is also the case of the petitioners that some depositors started harassing and manhandling the Managing Director and some civil and criminal cases were also filed at various places. Since the first petitioner is a respectable person, frequent visits of police has demoralising effect on the status of the Managing Director and that the Company would certainly collect the amounts receivable from others and pay the same to the depositors. But, however, on account of disturbance which is being caused by the depositors and also on account of threat posed by them, the first petitioner is not in a position to concentrate on business and settle the accounts of the depositors. Thus the first petitioner approached this Court with an innocent face in the garb of folded hands stating that the company is capable and willing to pay the amount if some time is granted, and that if he is arrested by the police in criminal investigation, he will not be able to return the money to the various depositors. With these averments, he approached the Court for appropriate relief.