Hon'ble SHARMA, J.—These three criminal misc. petitions under Section 482 Cr.P.C. have been filed for quashing the FIR No. 749/2013 for sections 420, 406, 467, 468, 471, and 120B, FIRs No. 837/2013 and 869/2013 registered at PS Vaishali Nagar, Jaipur City(South), for offences under sections 420, 406, 467, 468, 471, 504 and 120B IPC as well as entire proceedings as initiated thereunder against the petitioners. As the matter involved in all these three Cr. Misc. petitions is same for quashing the FIRs. registered against the petitioners at PS Vaishali Nagar, they are being disposed of by this common order.

2. For deciding the controversy raised in all the three criminal misc. petitions, the facts of Cr.Misc. Petition No. 3897 have been taken into consideration. The respondents 2 and 3 complainants filed a complaint before the Metropolitan Magistrate No. 14, Jaipur Metropolitan, Jaipur, against the petitioners wherein allegations have been levelled against the petitioners that accused No. 1 company is a company incorporated under the Companies Act and accused No. 2 to 5 are Directors of the said company and are completely liable for entire day- to day business and affairs of accused No. 1 company. The accused No. 1 company is engaged in the business of selling its products by way of chain system all over the country. The complainants also joined accused company in the year 2001-2002 and started to make efforts to add the members in the accused company. It was on account of their efforts that income of complainant No. 1 become Rs. 51,814/- in the year 2005 and Rs. 1,20,540 in the year 2008. According to the performance of the complainants, their income could have been approximately more than Rs. 3,00,000/- but in the year 2008 the company in a planned manner in order to grab the profit of members added by the complainants, removed total 18,000 members added under the complainants and added them under their own person namely Gopal Kaushik, which is against the policy of the company as well as illegal, on account of which in place of increasing the income of the complainants, it has come down. On account of said fraud of the company, the business value of complainant No. 2, which was 1588287as on 12.1.2009 has been reduced in only four days and remained 502889, which is not possible in practical etc. On receipt of the said complaint, the Metropolitan Magistrate forwarded it under section 156(3) Cr.P.C. to the SHO Police Station Vaishali Nagar, Jaipur City (South) for investigation, who registered FIR No. 749/2013 against the present petitioners for offence under sections for quashing the FIR No. 749/2013 for sections 420, 406, 467, 468, 471 and 120B IPC registered at PS Vaishali Nagar, Jaipur City (South) and started investigation.

3. The respondents 2 and 3 filed detailed reply to the criminal misc. petition and refuted the contents raised in the petition. It was requested that the criminal misc. petition may be dismissed with exemplary cost with the direction to the police authorities to investigate the matter urgently, deeply and expose the activities of the petitioners in running Right Concept Marketing Business by misleading to the public and exploiting them.

4. Mr. D.K. Gaur assisted by Mr. Sushil Pujari, learned counsel appearing for the petitioners has contended that the petitioners are innocent persons and have been falsely implicated in the case. The FIR and the criminal proceedings against the petitioners are nothing but an abuse of the process of law, which in the interest of justice as well as to secure the ends of justice deserve to be quashed and set aside. Perusal of FIR and material available on record clearly show that the essential ingredients for constituting offence punishable under Sections 420, 406, 467, 468, 471 and 120 B IPC are clearly lacking in the case in hand. The act of removing 18000 members is of the year 2008, whereas the complainants have lodged the FIR in the year 2013 i.e. after about 5 years and n

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