ORDER

Heard learned counsel for the petitioners, Mr. P.K. Verma, learned AAG-3 for the State assisted by Dr. Anand Kumar, learned Advocate, Mr. V.N.P. Sinha, learned senior counsel for the Economic Offence Unit (in short ‘EOU’) assisted by Mr. Vijay Anand and Mr. Sanjay Singh, learned senior counsel who has entered appearance today on behalf of respondent nos. 7 and 8. It is recorded that no Vakalatnama has been filed on behalf of respondent nos. 7 and 8, however, the Court has heard learned senior counsel for those respondents.

2. This writ application has been filed seeking following reliefs: –

“(I) For issuance of appropriate order/s, direction/s including a writ preferably in the nature of MANDAMUS for direction/s to Respondent No.-1 to do investigation in embezzlement of Rs.100 crores of the petitioners who have been duped by the respondent no. 7 & 8 on pretext of getting flats/plots for them. Respondent No. 1 actions/inaction and dereliction of the duties vested under the Prevention of Money Laundering Act, 2002 has failed to initiate investigation against Respondent No. 7 & 8 for their role in embezzlement of Rs. 100 crores (approx.) wherein Respondent No. 1 despite in receipt of the complaints from petitioners wherein the Petitioners had elaborated the embezzlement of funds of by Respondent No. 7 & 8 which is a Real Estate Company and had taken money from petitioners for providing them flats.

(II) For issuance of a writ, order or direction commanding the Respondent No.-1 (ED) to investigate into the aforesaid case on the basis of several FIRs registered against private respondent no. 7 & 8 and to submit report to this Court and recover money of the Writ Petitioners.

(III) To issue an appropriate writ commanding the Respondents particularly respondent no.-7 & 8 to return back the money with 8% simple interest to the writ petitioners and other allottees or by delivering the property by adjusting in the delaying compensation.

(IV) For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case.”

3. Earlier, this Court passed an order on 31.10.2023 which reads as under: –

“Order dated 31.10.2023

Despite opportunity given to learned counsel for the State to file an affidavit, no affidavit has come showing compliance with the direction of this Court contained in the order dated 02.08.2023 passed in Cr.WJC No. 1150 of 2022.

2. Mr. Suman Kumar Jha, learned AC to AAG-3 for the State is not even in a position to say as to why the affidavit could not be filed.

3. In the circumstances, while posting this case to be listed on 23rd November, 2023 for compliance, this Court imposes a cost of Rs.2,000/- (Rupees Two Thousand Only) upon the State which will be deposited with the Patna High Court, Legal Services Committee before next date of hearing.

4. If the affidavit showing compliance is not filed by the next date, this Court would be constrained to call upon the Director General of Police, Bihar to appear in person to explain the reasons for such inaction on the part of the State in showing compliance with the order of the Court.”

4. Mr. V.N.P. Sinha, learned senior counsel for the EOU submits that the Director General of Police, Bihar has already ordered that all the cases relating to Agrani Group of Companies which are under investigation shall be transferred to the EOU and the EOU shall investigate all such cases. A supplementary counter affidavit has been filed on behalf of the EOU today. Paragraphs ‘5’ to ‘8’ of the supplementary counter affidavit are being extracted hereunder for a ready reference: –

“5. That it is most humbly and duly submitted that two letters were received vide Ref. No. 109/Legal Cell dated 17.10.2023 and Ref. No. 627/2023 dated 08.11.2023 upon behalf of the Director General of Police, Bihar, Patna duly signed by the Deputy Inspector General (Human Rights), Bihar, Patna, through which the Additional Director General of Police, Economic Offence Unit, Bihar,