VINAY TAMBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred instant criminal writ petition alleging that in the Syndicate Bank Scam of Rs.1100 Crore the Central Bureau of Investigation (CBI) conducted investigation and during investigation certain accused-persons namely; Shankar Khandelwal and Bharat Bamb were arrested and sent to judicial custody. The petitioner further alleges that the accused-Shankar Khandelwal had taken certain amount as loan on interest from senior Police Officers including one Dinesh Sharma, ACP, Malviya Nagar, Jaipur and as he was arrested, the amount of the senior Police Officers was blocked. In March, 2017, the said accused-Shankar Khandelwal was granted bail by the Supreme Court on medical ground and the Police Officers were putting pressure for returning of the said amount. The petitioner further alleged that in 2015, he and his some relatives entered in partnership with said accused-Shankar Khandelwal and the petitioner and his relatives suffered big financial loss and crores of rupees were due against said accused-Shankar Khandelwal and approximately a sum of Rs.40 crore of petitioner and his relatives was still due against said Shankar Khandelwal which he was not paying. It is further alleged that said Shankar Khandelwal lodged false and concocted FIR No.270/2017 at Police Station, Jawahar Circle, Jaipur under Section 406, 420, 467, 468, 471 and 120B IPC and in the garb of the said FIR, the then ACP and Shankar Khandelwal tried to extort a sum of Rs.6 Crore from the petitioner. A detailed representation was submitted by the petitioner in May, 2017 to the DCP (East), Jaipur whereafter he also tried to meet the Commissioner of Police but was not able to meet him. It is stated that on 18/08/2017, the petitioner was sitting in his office where at about 5.00 PM, SHO, Police Station, Jawahar Circle, Jaipur and two other Police Personnel forcefully took him to the Police Station at Jawahar Circle and the petitioner was informed that he is being arrested. It is alleged that ACP Dinesh Sharma also came to the Police Station and on his instructions, the Investigating Officer abused the petitioner and pressed him to make payment of Rs.6 Crore to Shankar Khandelwal and after being forced, he was released only when the relatives of the petitioner gave guarantee to the Police Personnel that they would give a sum of Rs.1 Crore on next day and Rs.5 Crore within fifteen days and the petitioner was released in the night at 12.45 AM. On the next day, the petitioner gave a pay order of Rs.50 Lac and one cheque of Rs.50 Lac to Shankar Khandelwal whereafter the Police Personnel started putting pressure to pay remaining amount of Rs.5 Crore to Shankar Khandelwal. The petitioner sent a written report under Section 154 Cr.P.C. to the Director General of Police on 02/09/2017 mentioning the said facts but the FIR was not registered. It is prayed that since higher Police Officers of Rajasthan Police are involved, the respondent No.7-Director, Central Bureau of Investigation, New Delhi be directed to register FIR on the basis of the written report and make investigation.

(2.) Learned counsel for the petitioner submitted that the Additional Director General of Police, Rajasthan had directed for registration of FIR but the FIR was not registered.

(3.) Reply has been filed by respondents No.1 to 6 and they have denied the allegations. It is stated that the complainant was called by the Investigating Officer which is reflected from the case diary No.22 dated 18/08/2017 for allegations levelled by him in FIR No.270/2017. It is further submitted that the fact regarding giving pay order and cheque to Shankar Khandelwal are also not proved from any document and it is stated that to protect himself from the above FIR and to put pressure on the Police Officials, the petitioner has filed this false complaint.