SUNIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application has been moved by Subhash Kumar Gupta- applicant/respondent No.5 in CRM No.71586-M of 2005 seeking modification/clarification of order dated 23.4.2008 passed by this Court.

(2.) AS averred in this application, CRM No.71586-M of 2005 was filed under Section 482 of the Code of Criminal Procedure (for brevity 'the Code') by the petitioner Sunil Kumar for issuance of direction to register an FIR against respondents Subhash Kumar Gupta, Raman Garg and Vinod Garg, Proprietors of M/s Shivaji Traders, Overlook Road, Milerganj, Ludhiana in view of the order dated 12.7.2005 (Annexure P-6) passed by the Joint Director, Prosecution and Litigation, Ludhiana, which was finally disposed of by this Court vide order dated 23.4.2008 with a direction to the SSP, Ludhiana to take action as warranted by law on the report/opinion of Joint Director, Prosecution and Litigation, Ludhiana dated 12.7.2005. The respondent Nos. 1 to 4 and the present applicant-respondent No.5 in their reply to the aforesaid petition have specifically replied that after the receipt of report/opinion dated 12.7.2005 of Joint Director, Prosecution and Litigation, Ludhiana, an enquiry has been got conducted by the ADGP, Crime from AIG, Crime on the application dated 25.11.2005 filed by the petitioner. The petitioner had also participated in the aforesaid enquiry and failed to substantiate the allegations leveled against the respondent Nos. 5 to 7 in the aforesaid petition and also failed to produce any document to show and prove the alleged embezzlement. On this, a detailed enquiry report dated 09.01.2006 (Annexure A2) has been submitted by the AIG, Crime, wherein he has categorically stated that no embezzlement as alleged have been found committed, whereas there was only loss which had occurred in the company. In view of this, he had recommended that no further action is required in pursuance to the allegations levelled by the petitioner in his complaints. Thereafter, the SSP, Ludhiana vide his letter Nos.2463-65 dated 23.05.2006 (Annexure A3) and 2521-22 dated 30.05.2006 (Annexure A4) addressed to Director General of Police, Punjab and Additional Director General of Police, Crime-cum-Economic Offence Wing respectively had also recommended that there is no need to take any further action on the basis of the allegations levelled by the petitioner in his complaints, because no embezzlement has been found to have been committed. In view of the fact enumerated hereinbefore, it is clear that the allegations having been levelled by the petitioner against the aforementioned respondents Subhash Kumar Gupta and others in the aforesaid petition are false and frivolous in view of the detailed inquiry conducted by the AIG, Crime in terms of his report dated 9.1.2006. Therefore, the order dated 23.4.2008 may be modified/clarified in view of the facts and circumstances enumerated in this application.

(3.) MR .Vaneet Soni, Advocate representing applicant/respondent No.5 submitted that in consequence of the death of Subhash Kumar Gupta during the pendency of this application, he has ceased to be his counsel. As per the photostat copy of the death certificate, Subhash Kumar Gupta breathed his last on 16.10.2008. Mr. Vijay K.Chaudhary, Assistant Advocate General, Punjab has urged with great eloquence that this application is untenable in view of the observations rendered by the Apex Court in re: State represented by DSP, SB CID, Chennai v. K.V. Rajendran and others, 2008(4) R.C.R.(Criminal) 278 : 2008(5) RAJ 355 : (2008)8 Supreme Court Cases 673.