PHOOL SINGH Vs. STATE OF MP AND ANOTHER

JUDGEMENT

(1.) The applicant has invoked the extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the ' CrPC ') for quashing the First Information Report (FIR) dated 28.5.2011 registered at Crime No. 255/2011 by Police Station Gola Ka Mandir, District Gwalior for the offences under Section 420 of Indian Penal Code (IPC), Section 3(1)(2)(4) of the MP Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam 2000, sections 45S / 58B and 5-A of the Reserve Bank of India Act, 1934, and also for quashing of charge sheet of Sessions Trial No.02/2013 pending before the Special Judge (Sessions Judge), Gwalior. As per the prosecution case, the applicant is the Director of Parivar Dairies and Allied Limited Company, Gola Ka mandir, District Gwalior having registered under the Companies Act , 1956.

(2.) As per the applicant, the Company was incorporated on 31.10.2002 and is in the business of purchase of cattle and their stock. The Company is not involved in the business of money-lending, neither it has received any deposit from the depositors. The applicant was appointed as Additional Director of the Company on 11.7.2008 and he has resigned from the directorship on 7.7.2009 and necessary information vide Form No.32 was registered by the Office of the Registrar of Companies, Madhya Pradesh. There is no direct or indirect evidence against the applicant to show that he was involved in the alleged crime in any manner. Only ambiguous allegations are made against the applicant. The applicant is a government teacher and he was on duty since 21.4.2010 to 23.9.2016 at Dolaria ansd Mehra Goan schools, respectively. The FIR registered against the applicant is illegal and arbitrary and deserves to be quashed. In support of his contention, learned counsel for the applicant placed reliance on the judgments in the cases of S.M.S. Pharmaceuticals Ltd. vs. Neeta Bhalla and another (2005) 9 SCC 59; K.P.G. Nair vs. M/s Jindal Menthol India Ltd ., 2001 (2) Crimes 132 (SC); Everest Advertising Pvt.Ltd. vs. State & others, 2005 (3) JCC (NI) 227; and, Securities and Exchange Board of India vs. Gaurav Varshney and another etc. (Criminal Appeal Nos. 827-830 of 2012, decided by Supreme Court on 15th July, 2016).

(3.) From perusal of the charge sheet, it reflects that a letter No. Q/ADM/NBFC/SHIKA/7/10/14133 dated 8.12.2010 was received by the SHO, Police Station Gola Ka Mandir, from the Collector Gwalior, mentioning therein that Parivar Dairies and Allied Limited, 302, Ganesh Plaza, Gola Ka Mandir, Gwalior is collecting money in different manner from the general public without obtaining the registration from the Reserve Bank of India. On the basis of this letter, the police has registered the case against the applicant and 17 other Directors/Additional Directors of the Company, for commission of the offences under Section 420 of Indian Penal Code ( IPC ), Section section 3(1)(2)(4) of the MP Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam 2000, and sections 45S / 58B and 5-A of the Reserve Bank of India Act, 1934. After due investigation, police filed the charge sheet against the applicant and other accused persons before the Special Court.