Chandrasheela Mishra vs State Of Chhattisgarh

In the bunch of these writ petitions, the basic grievance is that the petitioners have paid the money to one Adhiraj Developers and Adhiraj Infra

Estates Private Limited, who promised them to develop the plot and give them houses, but eventually the money which was paid, did not yield any

result and at last it was found that no such development has been carried out as was promised individually. Therefore, the offence has been

committed. The report further purports that when the money deposited by petitioners were demanded back, the petitioners were abused and few of

them were assaulted too. So the direction be issued to police to investigate the complaint and proceed according to law for the offence committed.

Learned counsel for the petitioners submits that each of the petitioners are the aggrieved complainant and each of the persons have separately paid

the amount. It is further contended that when the complainants went to the police, the police refused to register the separate FIR and they were

directed to give one FIR and the others were directed to be joined as prosecution witness. It is contended that under the circumstances if few of the

complainants subsequently compound the offence, then in such case, the bunch of the petitioners would remain remedy less and multiplicity of the

proceeding and harassment will continue. It is further stated that one Adhiraj Developers, who has collected the amount from few of the petitioners do

not have legal entity and do not exist as company as juristic person, therefore, as the money was also collected in name of a non legal entity the

offence under the companies act is also been committed. It is further submitted that in offending companies logo, ISO certification has been shown,

which is also fraud to allure general people, which needs to be separately investigated.

Against such submission, learned State counsel submits that the FIR has been registered in the Crime No.0280 under Sections 420, 467, 468, 471 &

120 B IPC.

Perusal of the documents filed with the bunch of petitions would show that it is alleged and prima facie appears that the different petitioners and

apart from that other persons deposited money either in Adhiraj Infra Estates Private Limited or Adhiraj Developers Pvt. Ltd. Prima facie, it reflects

that despite the promise made, the petitioners were not provided with either of any developed house/plot. This Court during the course of hearing on

the earlier occasion by order dated 30.01.2018 directed the State to enquire as to whether the Adhiraj Developers Private Limited as a company exists

or not, the same is still to be answered by the State. Further considering the nature of the victims, who basically belong to grass root level and are

downtrodden people and who have deposited the money with an expectation that they will get plot/house, this Court by its order dated 12.03.2018

permitted sale of the land as it was mooted jointly by the respondent to execute sale deed in favour of the petitioners to show their bona fide. But

eventually as facts exists today, the sale deed has not been executed till date despite the permission granted to execute the sale deed even lodged in

jail. The submission made by learned counsel for the petitioners that in case the respondent comes out with compromise with few of the complainants,

then in case there are other complainants and victims, they will be left at lurch, appears to be logical. Under the circumstances, it is directed that since

the FIR has already been registered, the police shall be obliged to take the statement of all the victims, whosoever approaches the police with their

grievance on the basis of the document held by them and may cite them as a witness. In such eventuality it is further observed that the offence shall

not be diluted or allowed to be compounded until & unless the grievance of all the depositors/victims are settled as number of higher percentage of

compounding will not hold the sway for discharge from offences. It is further observed that as the complaints are also made that offences under the

companies act have been committed by Adhiraj Developers Pvt. Ltd., the investigation officer who may not be acquainted with like nature of

complaints of companies act, especially in this geographical area may seek necessary help from the expert on the subject and shall be free to seek

assistance or advice of any counsel including that of the petitioners and thereafter may act accordingly.

With such observation, all the writ petitions stand disposed of.