ASHWANI SHARMA & ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Ashwani Sharma And Another
State of Uttarakhand and another
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(1.) By means of this petition, the petitioners have prayed to quash the chargesheet dated 04.11.2011 as well as the proceedings of criminal case no.2406 of 2011, State Vs. Ashwani Sharma and other, under Sections 420, 120-B IPC, pending before the court of Chief Judicial Magistrate Dehradun.
(2.) Having heard learned counsel for the parties, it appears that the petitioners, in the capacity of Directors of a company known as M/s Zembo I.T. Solutions Pvt. Ltd, applied for a Primary Rate Interface (P.R.I.) connection from M/s Tata Teleservices Ltd. purportedly for the purpose of selling the medicines being prepared by Baba Ramdev . The said connection was got activated on 17.10.2008 on the application moved by petitioner no.1 Ashwani Sharma. It appears that the first two bills, amounting to Rs.65,000/- and Rs.3,35,114/- were cleared by the petitioner, whereas for the third bill, some part of the payment was made by the petitioners. Thereafter, in the next bill for the period 23.12.2008 up to 22.1.2009, the company initially, sent the total bill amounting to Rs.17,55,889 but since there was some technical defect therein, the company thereafter sent an amended bill amounting to Rs.80,16,964/-. When the officials of M/s Tata Teleservices contacted the petitioners, latter assured that the payment would be made. Thereafter from 23.1.2009 up to 6.2.2009, the billed amount reached to Rs.1,73,00,000/- (Rupees one crore and seventy three lacs). Gauging some foul play, the officials of the said company were sent at the office of petitioners but the same was found locked and when the petitioners were tried to be contacted, their all numbers were also switched off. Thereafter, the respondent no.2, apprehending the involvement of petitioners with some anti-social elements as well as a threat to national security, lodged the first information report. The matter was investigated which resulted into the submission of chargesheet against the petitioners. The learned Magistrate thereafter summoned the petitioners to face trial u/s 420/120-B IPC.
(3.) It appears that the petitioners made all the international calls to a particular country i.e. Cuba and even there were number of uncounted calls in a day. Thus, the fact of involvement of petitioners in some ante-national activities also cannot be gainsaid. Besides, in the investigation conducted, the Inspector, C.I.D., Dehradun has reported a loss to the tune of Rs.2.10 crores caused to the company i.e. M/s Tata Cellular by the petitioners.;
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