ORDER :

This criminal original petition has been filed seeking for transfer of investigation to some other agency in order to re investigate the case.

2. Based on the complaint given by the petitioner, an FIR came to be registered in Crime No.424 of 2017, by the 5th respondent on 30.11.2017, for an offence under Section 409 and 420 IPC. During the course of investigation, a quash petition came to be filed before this Court in Crl.OP.No.11819 of 2018. This petition was taken up for final hearing and it was dismissed by an order dated 03.09.2018. It will be beneficial to substantially extract from this order since the order deals with the facts of the case and the seriousness of the allegations involved in the present case.

4. Before adverting to the rival submissions, it may be necessary to give a summary of the allegations in the FIR.

Cascade is a Singapore-based investment company. It is the case of Cascade that Rohit Rabindranath [A1], along with his son Maanik Nath [A2], approached them for investment in Zynergy Solar Projects and Service Private Ltd. (hereinafter would be referred to as "Zynergy"), a Company with its Headquarters in Chennai. According to Cascade, Rohit Rabindranath [A1] represented that Zynergy is a leading player in tapping solar energy in India and they have contracts worth Rs.400/- crores in India and Africa; Zynergy attached valuation reports said to have been given by Grant Thornton India LLP and Birla Capital and Financial Services Ltd. depicting the huge profits the Company had earned; believing the representation, Cascade entered into a Strategic Investment Agreement and Shareholders Agreement, dated 27.07.2015, under which, Cascade invested Rs.33/- crores with Zynergy by way of fund transfers from bank accounts; by the said investment, Cascade purchased 51% of the equity shares of Zynergy, however, the management of the affairs of Zynergy was retained by Rohit Rabindranath [A1]; for two years, Cascade did not receive any returns for the investment and when they started conducting enquiries, they learnt that Zynergy had not invested their money in any project, but, had siphoned off the money to 40 sham and Shell companies floated by them in the name of their own employees and thereby, cheated Cascade; enquiries revealed that the valuation report of Grant Thornton India LLP was a fabricated one. Hence, the complaint and the consequent FIR.

6. Learned Additional Public Prosecutor submitted that after registration of the FIR, investigation began and during the course of investigation, the Investigating Officer was able to unearth how the money that was invested by Cascade with Zynergy was clandestinely routed through various shell companies of Archer Power Systems Private Ltd and which clearly went into the kitty of Rohit Rabindranath [A1].

7. On a perusal of the case diary, it is seen that Rs.29.22 crores invested by Cascade in Zynergy has first gone into Alectrona Energy, from where, it had gone into Raha Infrastructure, a shell company purportedly floated to launder money. Raha Infrastructure had transferred the money to Esita Real Estate, another shell company linked to Rohit Rabindranath [A1]. The investigation conducted by the police so far shows that Rohit Rabindranath [A1] and his group have floated the following shell companies:

(i) Alectrona Energy

(ii) Sun Energy

(iii) Esita Real Estate

(iv) Raha Infrastructure

(v) LVC Alternative

(vi) AH Enterprises

(vii) Gold Green Technologies

(viii) TSR Sun Energy

(ix) RR Sun Power

(x) Solar Energy Equipments

(xi) SEH Solar

(xii) Green Energy

(xiii) Poora Jaya Consulting

8. In most of these Companies, T. Sheshadri and S. Ganesh, employees of Rohit Rabindranath [A1] have been shown as Directors. Huge amounts have also gone into the personal accounts of the said T. Sheshadri, S. Ganesh and Rohit Rabindranath [A1]. There is no material to show that the amounts were invested in any worthwhile solar project, but, the money trail shows that the amounts had gone into all these sh