SATYA DEO SHARMA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1997-12-23
HIGH COURT OF RAJASTHAN
Decided on December 08,1997

Satya Deo Sharma Appellant
VERSUS
STATE OF RAJASTHAN Respondents




JUDGEMENT

AMARESH KU.SINGH,J. - (1.)HEARD the learned Counsel for the petitioners and the learned Public Prosecutor and perused the relevant record.
(2.)BY this petition filed under Section 482 Cr. P.C. the petitioners have prayed that the order passed by the learned Chief Judicial Magistrate, Pali on 23.6.1997, directing the police to start investigation in connection with the offence under Section 420 I.P.C. the order dated 22.7.1997 passed by the learned Additional Sessions Judge, Pali in criminal revision No. 39/97 whereby he upheld the order of the learned Chief Judicial Magistrate and the first information report No. 248/97 registered at police station Kotwali, Pali in compliance with the order passed by the learned Chief Judicial Magistrate and the investigation conducted by the Police be quashed.
The facts relevant for the disposal of the petition may be summarised as below:

(3.)ON 22.6.1997 Shri Satya Deo Sharma (petitioner No. 1) lodged the first information report No. 245/97 at Police Station Kotwali, Pali. In his report Shri Satya Deo Sharma stated that he is the Director of the Gurushikhar Savings and Finance Company which has its administrative office at Sojat City. According to the first information report the above named company of which Satya Deo Sharma is the Director collects money from the public by way of deposits on interest and utilises that money for the purpose of purchasing lands and other properties, and those lands and other properties are later on sold, and from the profit earned by the Company, the interest is paid by the company to the depositors. The collections are made through agent and in the territorial area of Sojat City. Pukhraj Vaishnav, Gopal Parihar, Uttam Tanvedi, Suresh Rathore, Bhanu Prakashak and Rajesh Joshi are the agents of the Company. It was further stated in the first information report that the company is carrying out its business for the last six years and has conducted business of Rs. 4 crore and sum of Rs. 3 crore 75 lakhs has been paid to the depositors and payment to some of the depositors has not been made because the term of deposit has not expired. It was also mentioned in the first information report that the above named agents of the Company persuaded the depositors to demand the refund of the money deposited by them but their money could not be paid back. According to the first information report on 21.6.1997 at about 11.00 P.M. Pukharaj Vaishnaw, Suresh Rathore, Gopal Parihar, Gajendra Joshi, Uttam and one other person went to the house of the petitioner (Satya Deo Sharma). They surrounded him and started beating him. When Satya Deo Sharma raised hue and cry, persons from the neighbourhood collected at the spot and at that time Satya Deo Sharma was forcibly placed on the back seat of a maruti car by the assailants who threatened Satya Deo Sharma that if he would cry his life would be in danger. After obtaining key of the car from Satya Deo Sharma, Gajendra Joshi drove the car to Pali and then went to a house which was constructed on a field near the canal. In that house Saya Deo Sharma was confined. Gajendra Joshi asked him to sign some papers but when he refused to sign the papers. He was threatened with beating and then he signed some papers. For the purpose of signing some other papers Satya Deo Sharma sought time. On the night of occurrence at about 2.30 -3.00 A.M. Pukharaj Vaishnaw, Gajendra Joshi and Uttam went to Sojat on maruti car belonging to Satya Deo Sharma. In the next morning he was again given a beating. At about 6.15 A.M. Satya Deo Sharma succeeded in giving information about his confinement to Shri Kripa Shanker Trivedi. After sometime Gajendra Joshi, Uttam and Pukhraj Vaishnaw returned from Sojat. According to the petitioner he was recovered by the police from the house where he was confined and was informed by Shri Kripa Shanker and after his rescue he lodged first information report at police station Kotwali.


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