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SANJEEV PRAKASH SHARMA
Stepping Stone Private Limited – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. Heard learned counsel for the parties.
2. The present order shall dispose of application (Nos.2/21, 1/21, 3/21, 4/21, 5/21, 6/21, 7/21, 8/21, 9/21, 10/21) moved under Section 482 Cr.P.C. by various parties as well as application (Nos.11/21) moved by the petitioner and the misc. petition itself.
3. A misc. petition was preferred by the complainant stating therein that criminal complaint was filed by the petitioner- company against the named accused persons before the Civil Judge and Judicial Magistrate Behror Alwar under Section 156(3) Cr.P.C. The Court concerned forwarded the complaint for investigation to Police Station Shahjanpur District Bhiwadi and an FIR was registered bearing No.213/2020 for offence under Section 420 IPC. It is stated that petitioner moved an application before the Investigating Officer pointing out that the accused persons had generated funds through forgery and criminal offences and the said amount was invested in purchasing shares of several companies with intent to get away with the money. The Investigating Officer on the basis of such request sent the letter on 12.11.2020 to the Central Depository Services Limited and another letter on 12.11.2
The court established that complex financial frauds require specialized investigation by the SFIO to ensure justice and accountability.
The Serious Fraud Investigation Office has the authority to investigate under the Companies Act without prior approval under Section 219, and it may also investigate offences under the IPC as per the....
The court established that the right to a fair investigation is fundamental, and when there are serious allegations of police misconduct, it may necessitate the transfer of the investigation to an in....
The court quashed the proceedings against the accused, finding no substantial evidence of cheating or conspiracy, emphasizing the lack of dishonest intention and meeting of minds.
The transfer of criminal investigation to an independent agency requires exceptional circumstances; dissatisfaction with the investigation's pace does not warrant such action.
The central legal point established in the judgment is that the provision allowing 'any person concerned' to obtain a copy of the investigation report under Section 212(13) of the Companies Act, 2013....
The transfer of shares without proper documentation and board resolution constituted a prima facie case for trial, and the pendency of a civil proceeding cannot bring an end to a criminal proceeding.
Further investigation – Order directing handing over investigation to any other agency other than police should not be passed in favour of party applying for it as a matter of right or in a routine m....
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