SUDHIR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under section 439 Cr.P.C., seeking enlargement by one of the co-accused in crime No.448/2016 registered at Police Station Betma, District Indore.

(2.) In compliance of the order passed by this Court dated 02.01.2018, Siyaram Singh, Town Inspector and Investigating Officer Trilok Singh Bais, Police Station Betma, District-Indore are present in persons before this Court and apprised that subsequent to order passed by this Court on 02.01.2018, a co-ordinate Bench in a bunch of connected M.Cr.Cs. arising out of three Crime Nos.447, 448 & 449 of 2016 registered at the same Police Station-Betma against the same accused person with same nature of allegations, namely; M.Cr.C. No.964/2017, M.Cr.C. No.975/2017, M.Cr.C. No.969/2017, M.Cr.C. No.19016/2017, M.Cr.C. No.19005/2017 and M.Cr.C. No.18921/2017 has by a common order dated 09.01.2018 has stayed the entire investigation. As a result, the Investigating Officer is at cross -road as on the one hand this Court vide order dated 02/01/2018 has directed personal appearance of the concerned Station House Officer/Investigating Officer and the Town Inspector alongwith original record to apprise this Court as regards the present status of investigation and steps taken to arrest the main accused persons detailing the names of persons who have formed the company styling themselves to be the owners and developers of the land having cheated the objectors as joint venture operators. and on the other hand, co-ordinate Bench has stayed the investigation on 09/01/2018 (supra).

(3.) Shri Amit Dube, learned counsel for the objector submits that no sooner did this Court has issued the direction as aforesaid on 02/01/2018, the main accused; land owners and developers have rushed to this Court by filing the aforesaid six miscellaneous criminal cases under section 482 Cr.P.C ., detailed above and obtained blanket stay order. Learned counsel further submits that thousands of bona fide purchasers of lower middle income group though have advanced the entire consideration amount, but they have been betrayed by such land owners and developers playing fraud with innocent people in connivance and collusively through front companies tantamounting to the act of cheating and misrepresentation.