The Allahabad High Court has restrained the police from proceeding with the investigation in the FIR registered against industrialist Anil Dhirubhai Ambani, his wife Tina Ambani and the family and the people of the company in the Jahangirbad police station of Bulandshahr on charges of fraud of Rs 150,000 crore.
The Division Bench of Justice Suneet Kumar and Justice Gautam Chowdhary passed this order while hearing a petition filed by Pawan Kumar.
The petitioner interalia seeks following reliefs:-
“(I) Issue a writ, order or direction, in the nature of mandamus transferring the investigation to respondent no 4 relating to the first information report registered as Case Crime No 0224 of 2022 dated 16.05.2022 under Sections 34, 120-B, 307, 406, 407, 420, 467, 468, 471, 474, 476, 477, 506, 507, 511 I.P.C Police Station Jhangirbad, District Bulandshahr.
(II) Issue a writ, order or direction in the nature of mandamus directing the respondent no 5 and 6 to conduct an in depth enquiry against the role of lender banks pertaining to the commission of the present mega scam of Rs 150,000 crore to the public exchequer and file a writ before the Court.
(IIII) Issue a writ, order or direction in the nature of mandamus directing any independent competent authority to seize the case properties of the present first information report registered as Case Crime No 0224 of 2022 dated 16.05.2022 under Sections 34, 120-B, 307, 406, 407, 420, 467, 468, 471, 474, 476, 477, 506, 507, 511 I.P.C Police Station Jhangirbad, District Bulandshahr; to secure the ends of justice.
(IV) Issue any such other and further writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case. (V) Award costs to the petitioner from the respondents.”
The Court noted that,
A preliminary objection has been raised by the State counsel with regard to maintainability of the writ petition contending that no part of the crime alleging fraud has arisen within the territorial jurisdiction of the State of Uttar Pradesh.
It is further submitted that petitioner is not cooperating with the investigation pertaining to the crime alleged to have been committed in UP.
Udai Chandani, the counsel for the petitioner, has stated at Bar that the Senior Superintendent of Police, Bulandshahr, is pressuring him to ensure the presence of the petitioner before him. The same threat and coercion was made upon the local counsel appearing for the petitioner in the District Court at Bulandshahr, so as to enable them to file a final report.
In such circumstances it is urged that till the next date of listing, the State Police be restrained from investigating the crime, to which counsel for the private respondents has no objection.
“Till the next date of listing, respondent nos 8, 9 and 10 are restrained from proceeding with the investigation in Case under Sections 34, 120-B, 307, 406, 407, 420, 467, 468, 471, 474, 476, 477, 506, 507, 511 I.P.C, Police Station Jahangirabad, District Bulandshahr,” the Court ordered.
The Court has fixed the next hearing of the petition on July 25, 2022.