R.P. MITTAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure has been filed by R.P. Mittal, and Mahavir Parshad Tayal petitioners against the State of Punjab and Punjab Spinning and Weaving Mills Limited, Dabawali Road, Bhatinda (hereinafter referred to as the Mill) with a prayer for quashing of First Information Report No. 181 of 1984 pertaining to Police State, Bhatinda City for the alleged offences under sections 120-B, 418, 420, 468 and 477-A, Indian Penal Code.

(2.) THE facts mentioned in the petitioner may be briefly, noticed. R.P. Mittal petitioner No. 1 is the Director-cum-Chairman of the Managing Committee of respondent No. 2-Mill. Petitioner No. 2 is the sole Proprietor of Messrs Shayam and Company, Bhatinda. The father of petitioner No. 1 i.e., Sh. D.M. Mittal entered into an agreement with respondent No. 1 to purchase 90 per cent shares of the respondent-Mill and as per this agreement, on the transfer of the first batch of shares or Rs. 85 lacs, the Mill was to nominated petitioner No. 1 as the Director-cum-Chairman on April 25, 1982, after being appointed as such with the concurrence of respondent No. 1. It is further stated that the father of petitioner No. 1 spent a huge amount of money for the purpose of shares which where originally owned by the Punjab State Industrial Development Corporation (PSIDC), Chandigarh. Petitioner No. 1 continued to function as Director-cum-Chairman of the Managing Committee of the Mill. Subsequently, however, PSIDC tried to remove petitioner No. 1 from the abovesaid post. The petitioner, therefore, filed a suit for permanent injunction in which status qua was ordered by the Subordinate Judge First Class, Gurgaon, restraining respondent No. 2-Mill from removing petitioner No. 1 from the abovesaid posts. The suit was ultimately decreed in favour of petitioner No. 1 on April 29, 1985 and appeal against the said judgment was filed by the PSIDC, which is said to be pending in the Court of District Judge, Chandigarh.

(3.) PETITIONER No. 2 then filed a petition under section 434, 435 and 439 of the Companies Act, 1956 for winding up of respondent No. 2-Mill in this Court, in which notice was issued to the Mill for appearance on March 15, 1985. No written statement was filed by the said respondent on May 3, 1985 but after obtaining an adjournment on payment of costs, the written statement was filed in Court on May 31, 1985. In this written statement, the said respondent disclosed that a complaint had been filed by it in the Court of the Chief Judicial Magistrate, Bhathinda, on May 16, 1985 with various allegations against the petitioners. It transpires that on the complaint presented before the said Court, an order was issued to Station House Officer, Police Station City Kotwali, Bathinda, to investigate the case under section 156(3) of the Code of Criminal Procedure. On the basis of this direction, First Information Report dated June 25, 1985 was registered, which is the subject-matter of attack in the present petition.