$~22

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON –4^th May, 2023

%

PRONOUNCED ON -02^nd June, 2023

+

CRL.M.C. 3250/2022 & CRL.M.A. 13696/2022

SHRI SRINIVASA BALAJI

..... Petitioner

Through:

Mr. Rajshekhar Rao, Sr. Adv. with

Mr. Dinesh Sharma and Mr. Saran

Mittal, Advs.

versus

STATE OF NCT DELHI & ANR.

..... Respondents

Through:

Mr. Raguvender Verma, APP for the

State with SI Shubhendu Sharma, PS

EOW

Mr. Vineet Dhanda, CGSC with Mr.

Vedansh Anand, G. P., Mr.Vinay

Yadav, Ms. Gurleen Kaur, Adv. for

R-2

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

DINESH KUMAR SHARMA,J :

1.This present petition has been filed under Article 227 of the

Constitution of India read with Section 482 of the Code of Criminal

Procedure seeking quashing of FIR No. 290/2019, dated 26.12.2019,

under section 420/406/120B of Indian Penal Code, 1860 registered at

Digitally Signed By:RAJ

BALA

Signing Date:02.06.2023

13:50:14

Signature Not Verified

Police Station Economic Offences Wing (EOW), Mandir Marg, Delhi,

and all proceedings incidental thereto.

A.BRIEF FACTS

2.The Ministry of AYUSH introduced a 'Scheme For Development Of

Ayush Clusters' (herein referred to as “the said scheme”) for capacity

building through a cluster-based approach for Ayurvedic, Siddhi,

Unani, and Homeopathic drugs, inter alia, that- the Scheme would be

implemented on the Support from Department of AYUSH and support

would be by the way of a grant to the Special Purpose Vehicle (SPV),

formed by a group of entrepreneurs from AYUSH sector.

3.Lipakshi Ayush Park Private Limited (herein referred to as “the said

company”) floated in the year around 2010 to develop an AYUSH

cluster near Anantapuram, Andhra Pradesh under the said scheme. The

said company submitted the proposal for development of the AYUSH

Cluster in Anantapuram and the proposal was accepted by the Scheme

Monitoring Committee vide its meeting dated 03.08.2010 and an initial

grant of Rs 2,00,00,000/- (Rupees Two crores) was released on

28.08.2010 for setting up a common facility center.

4.The said company couldn’t achieve the targets of the said scheme and

misappropriated the grant of personal gain and which resulted in the

withdrawal of the financial support by Respondent no 2. Further, the

initial grant released by the Ministry of AYUSH was sought from the

said company vide notice dated 19/22.02.2023. The said company

returned back Rs. 1,23,00,000 (One crore twenty-three lakhs) to

Respondent no 2.and the remaining amount of Rs. 77,00,000/-

(Seventy-seven lakhs) was to be paid within ninety days. However, the

Digitally Signed By:RAJ

BALA

Signing Date:02.06.2023

13:50:14

Signature Not Verified

remaining amount was not returned by the said company.

5.Respondent no 2 preferred Civil Suit No. 56/2014 in District Court,

Family Court-ADJ, Anantapuram, Andhra Pradesh, wherein vide

decree/judgment dated 06 June 2017, the Hon’ble Court passed an ex-

parte decree in favor of Respondent No. 2. and the said company along

with its directors jointly and severally were held liable to pay a sum of

Rs. 1,42,59,556/- (Rupees One crore forty-two lakhs fifty-nine

thousand five hundred and fifty-six) along with interest thereon at 10%

per annum till the date of decree and thereafter 6% till the date of

realization. Thereafter an Execution Petition of recovery suit no.

56/2014 was filed in 2018.

6.While the matter rested thus, considering the acts of the said company,

Respondent no 2 filed a complaint before Economic Offences Wing

regarding cheating the government and not starting any work for

implementation of the scheme awarded in their favor in spite of the

release of an installment of Rs. 2 Crores. An FIR bearing no.

0290/2019 was registered under sections 420/406/120B of IPC against

the company and its directors.

B.SUBMISSIONS ON BEHALF OF PETITIONER

7.Learned counsel for the petitioner submitted that upon receipt of Rs.

1.23