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2018 Supreme(All) 1560

IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA, J.
SIMPLEX INFRASTRUCTURES AND OTHERS - Applicants
Versus
STATE OF U.P. AND ANOTHER - Respondents
Criminal Misc. Application No. 14785 of 2015
Decided On : 27-11-2018

Advocates Appeared:
For the Appellant : Prashant Vyas and Gopal S. Chaturvedi
For the Respondent: A.G.A., A.N. Singh, Rajvendra Singh and Veer Singh

Headnote:Criminal Procedure Code, 1973-Sections 482, 156(3), 173-(Indian) Penal Code, 1860-Sections 406, 420, 467, 468, 471, 506 and 120-B-Criminal proceedings-At stage of investigation-Quashing of-No process has been issued by Court below summoning accused-As such no proceedings can be said to be pending against accused-applicants-Power under Section 482 can be exercised only in relation to certain proceedings which are pending against person who approaches High Court by means of an application under Section 482-An accused has no right of hearing during course of investigation-Challenge against instant proceedings misconceived, since, matter is still at stage of investigation and applicants are prospective accused persons have not yet been summoned by the Court.

JUDGMENT :

RAJEEV MISRA, J.

1. Heard Mr. Gopal S.Chaturvedi, the learned Senior Counsel assisted by Mr. Prashant Vyas, the learned counsel for the applicants, the learned A.G.A. for the State and Mr. Veer Singh, the learned counsel for the opposite party No.2.

2. This application under Section 482 Cr.P.C. has been filed challenging the order dated 1.5.2015, passed by the C.J.M. Meerut, whereby the Protest Petition filed by the opposite party No.2 against the final dated 6.9.2012 submitted by the Investigating Officer in Case Crime No. 382 of 2012 under Sections 406, 420, 467, 468, 471, 506 and 120 B IPC, Police Station Sadar Bazar, District Meerut, has been allowed and the Station Officer of the concerned Police Station has been directed to reconduct the investigation of the concerned case crime number with special investigation of the issues referred to in the order itself.

3. From the record, it appears that the applicant No.1 Simplex Infrastructures Limited. is a company duly incorporated under the Companies Act, hereinafter referred to as ("The Company"). The company has its registered office at Hemkunt Tower, VI Floor, 89 Nehru Place, New Delhi.

4. The applicant No. 3 Arun Kumar Kundu is the Senior Vice President of the company and he is the Technical Coordinator of the job. The applicant No.4 Arvind Mundra is the Senior General Manager of the Company. The applicant No.5 Apporv Mukherji is said to be an Ex-Director of the company and aged about 79 years. No details of the applicant No.2 have been mentioned in the affidavit filed in support of the application under Section 482 Cr.P.C.

5. The Director General Married Accommodation (DGMAP) entered into a contract with the applicant No. 1 Simplex Infrastructures Limited. i.e. the company for construction of dwelling units for officers/ JCOs at Meerut, Cantt on 10.3.2010. The copy of the contract so entered between the parties is on the record as Annexure-19 to the affidavit. As per the contract the total valuation of the project was Rs. 267,39,76,491.36/-. The contract so allotted to the applicant No.1 i.e. the company was allotted the number CA No. DGMAP/PH-II/PKG-11/ARMY-2/21 of 2009-2010. The same was required to be quoted in all future correspondence.

6. Subsequently, the applicant No.1 entered into a contract with the opposite party No. 2 on 31.5.2010, whereby work order was issued in favour of the opposite party No.2. The said contract is also on the record as Annexure-20 to the affidavit. According to the conditions of the contract, the entire responsibility of executing the work was with the opposite party No.2 and the lump sum price for civil and electrical work of one building was Rs. 46,72,79,200.00/- . In all 25 blocks were to be constructed by the opposite party No.2.

7. It appears that some dispute arose in between the opposite party No.2 and the applicant No.1 the company in respect of the work undertaken by the opposite party No.2 pursuant to the contract dated 1.9.2002. Accordingly, the opposite party No.2 filed an application in the Court of C.J.M, Meerut in the year 2012, praying therein that directions be issued to the Station Officer of Police Station Meerut Cantt. to register an F.I.R in respect of the criminality alleged in the application. This application came to be registered as Misc. Application No. 470/11 of 2012 (Sanjeev Parashar Vs. Simplex Infrastructure Limited. and Others).

8. Considering the nature of the dispute between the parties, it would be appropriate to summarize the allegations made in the complainant:

"(a) That the opposite party No.2 Sanjeev Prasar is the Proprietor of Tanay Land Con India Pvt. Ltd. and Residents of Plot No. 551 Mahavir Nagar, Tok Road, Jaipur-18, and is engaged in the work of constructions building.

(b) That on 29.5.2010 the opposite party no.2 had arrived at the office Simplex Infrastructures Limited, Site office and met with the aforesaid accused persons and had a communication with the accused persons regarding the constru

























































































































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