The court emphasized the necessity of adhering to procedural requirements under Section 175(3) of BNSS before directing police investigations, ruling that the learned Magistrate acted without proper application of mind.

ORDER

Having regard to the similitude of controversy involved in these petitions, they are being disposed off by this common order. On the joint consent and prayerfrom the consel of the parties facts have been taken from M.Cr.C.No.6312/2025 (Nitin Jeevnani Vs. State of M.P. and others).

2. These petitions have been preferred under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter for short referred as, 'BNSS') for quashment of order dated 07.12.2024 (Annexure A-1) passed in UNCR No.6107/2024 by learned Judicial Magistrate First Class, FIR No.1354/2024 dated 09.12.2024 (Annexure A-2) registered at police station Lasudia and subsequent proceedings for offence as follows with their equivalent sections of IPC against the petitioners in the instant petitions:

3. The facts as emanating from the complaint filed on behalf of the respondent No.2 - complainant Gaurav Ahlawat in brief are that he is Founder, former Director and 99% share holder of the Company GRV Biscuits Pvt. Ltd. and remaining 1% share holding of the aforesaid company was shared by Krishnawanti Ahlawat, mother of the complainant and one Manve Singh Garewal, brother of respondent No.2 - complainant. The aforesaid Company was incorporated by respondent No.2 - complainant in the year 2016 in Haryana and was operating therefrom with Directors and share holders as mentioned hereinabove. The purpose of the company is production of confectionaries like toffee and chocolates etc.

3.1 Respondent No.2 - complainant was having good relations with Sanjay Jaiswani co-accused (petitioner in M.Cr.C.No.53669/2024 as complainant has done business with him from 2012 to 2015. Sanjay Jaiswani with intent of playing fraud upon the complainant suggested him that to save labour cost and cost of raw material, company may be shifted to Indore. Sanjay Jaiswani acquired the earlier business from the respondent No.2 - complainant and thereafter a new company viz. GRV Biscuits Pvt. Ltd. was incorporated by respondent No.2 - complainant. It is alleged that based upon the advise of Sanjay Jaiswani the company was shifted to Indore and thereafter Sanjay Jaiswani further advised the respondent No.2 - complainant to change the Director of the company as complainant is foreign citizen. Acting upon the advise of Sanjay Jaiswani, respondent No.2 - complainant appointed Sanjay Kalwani as Director of the Companyin the year 2019 and he himself resigned from the post of Director of the Company. The other Director of the Company GRV Biscuits Pvt. Ltd. was Manve Singh Garewal, brother of the complainant.

3.2 It is further alleged that on 09.07.2024 Sanjay Jaiswani without apprising the complainant appointed one more Director to the Company Nitin Jeevnani, (petitioner in M.Cr.C.No.6312/2025) who is nephew of Sanjay Jaiswani. For the purpose of banking and filing etc. related to the factory, appointed one Ms. Kanchan Jeevnani, co-accused (petitioner in M.Cr.C.No.9025/2025). The entire banking and filing etc was looked after by Sanjay Jaiswani.

3.3 Complainant returned to India from Moscow (Russia) on 05.08.2024 and reached Indore on 07.08.2024. At that time he was undergoing treatment as he sustained fracture and therefore he used to visit factory occasionally. It is further alleged that on 09.08.2024 at around 3.00 pm Kanchan Jeevnani came to meet the complainant in the factory and informed that some legal fee is required to be paid for the Company for which the respondent No.2 - complainant has received OTP at his registered mobile number. She further informed that it is the last date today for making the payment and if the payment is not made in time, hefty penalty fees of Rs.1 Lakh will be imposed on the Company. On this ground she obtained the OTP from the respondent No.2 - complainant. Thereafter the complainant enquired abo