- (1.) Heard Sri G. S. Chaturvedi, assisted by Ram Kaushik, for the petitioner; learned A.G.A. for the respondents 1 to 5; and perused the record.
(2.) The instant petition though is with multiple prayers but the same has been pressed for quashing the first information report dated 23.12.2019 registered as Case Crime No.1858 of 2019 at P.S. Surajpur, District Gautam Budh Nagar, under Sections 406 , 420 , 471 , 120-B IPC as in other cases the petitioner has already been granted bail as is stated in paragraph 29 of the petition. In addition thereto, the petitioner has prayed that no coercive processes be adopted against him in the above case and that no further FIR should be registered against him in connection with construction of a Project named Mist Avenue Festival City at plot no.1, Sector 143B, Noida Expressway, Noida by Mist Direct Sales Pvt. Ltd. and that any fresh FIR in connection therewith be clubbed with the already existing FIRs registered at P.S. Surajpur / Knowledge Park and be treated as statement recorded under section 161 CrPC.
(3.) Before we proceed to examine the matter, we may notice that we have been provided copy of an order dated 6th November 2019 passed by the Apex Court in Criminal Misc. Writ No.242 of 2019, filed by the petitioner, reported in (2019) 10 SCC 800, in which more or less similar reliefs were sought such as clubbing of all the FIRs lodged against the petitioner at P.S. Kasna, Gautambudh Nagar, Greater Noida, U.P. and at P.S. Economic Offences Wing and at Parliament Street, New Delhi and all other FIRs lodged against the petitioner in the State of UP and State of NCT of Delhi in connection with Grand Venice Project. In the instant petition more or less similar relief has been sought with respect to Mist Avenue Festival City Project. In that matter before the apex court, the court, after examining the matter, in paragraphs 10 to 16 of the order, observed /directed as follows: "10. The petitioner, on the other hand, would contend that the allegation that the project, in particular, Mall and Commercial Tower in respect of which the stated FIRs have been registered being incomplete, is not correct. For, UPSIDC has already issued completion certificate on 16-4-2015 as well as the occupancy certificate on 3-3-2017 with retrospective date of issuance of completion certificate in respect of the Mall and Commercial Tower portion, i.e., the entire project except the hotel portion. The FIRs referred to in the writ petition in prayer clause (c) are limited to the units in Mall and Commercial Tower of the project in respect of which occupancy certificate has been obtained. The petitioner asserts that the petitioner has handed over possession to 77 allottees in the Mall and 245 allottees in the Commercial Tower. The Mall and the Commercial Tower are fully functional and have been occupied by the brands such as Cine Appeals, Big Bazar, Burger King, H&M etc. The case of the petitioner is that the allottees who have rushed to register FIRs are unwilling to take possession of their unit(s) and are refusing to make payment of the balance consideration amount. In other words, the allottees are not discharging their part of the contractual obligation. Whereas, the petitioner and the company are facing multiple proceedings including before Company Judge [High Court/National Company Law Tribunal (NCLT)] and also before the forum concerned under the Consumer Protection Act for the same subject matter. 11. It is not necessary for us to examine the correctness of the allegations made against the petitioner or the response filed by the petitioner thereto. Suffice it to observe that the project is situated in the National Capital Region and within the territorial jurisdiction of Kasna Police Station (State of Uttar Pradesh). Majority of the cases are registered with the said police station and the police station concerned is inviting further complaints from similarly placed aggrieved persons as a result of which new cases are being registered and investigated by the U.P. State constituted SIT. The SIT of the State of Uttar Pradesh is investigating into a new angle which had cropped up during the course of investigation, about the possibility of collusive and collaborative acts of commission and omission of the officials of the UPSIDC. All this is being investigated by the SIT constituted by the State of Uttar Pradesh which, in turn, has filed charge sheet(s) in as many as 28 FIRs thus far. 12. Taking overall view of the matter, therefore, we are inclined to grant interim relief claimed by the petitioner to release him on bail directly by this Court in connection with all the FIRs mentioned in prayer clause (c) and other FIRs that have been or likely to be registered against the petitioner in connection with the project, namely, "Grand Venice", in particular, Mall and Commercial Tower thereof, at Police Station Kasna, Gautam Budh Nagar, Greater Noida, Uttar Pradesh or any other Police Station within the territory of the State of Uttar Pradesh and, in the same manner, the FIRs registered at the Police Stations in the State of NCT of Delhi at Police Station Parliament Street and by the Economic Offences Wing New Delhi or otherwise. 13. As regards, interim relief of stay of proceedings against the petitioner emanating from the FIRs mentioned in prayer clause (d), that relief can be considered only in respect of FIRs registered in the State of NCT of Delhi, be it with the Economic Offences Wing or Police Station Parliament Street, New Delhi. The question of granting stay of proceedings pending against the petitioner in connection with the FIRs registered at Police Station Kasna, Gautam Budh Nagar, Greater Noida, Uttar Pradesh does not arise as the same are being investigated by one investigating agency, namely, the SIT constituted by the State of Uttar Pradesh. In case any FIR is already registered within the State of Uttar Pradesh in Police Station other than Police Station Kasna, we have no manner of doubt that the SIT will take necessary steps to take over the investigation of all such FIRs registered within the State of Uttar Pradesh. 14. Be it noted that we are inclined to stay further proceedings only arising from the FIRs registered at New Delhi because the substratum of the allegations in the FIRs filed at Delhi are similar and, more so, as aforementioned, 72 complainants are common at both the places. We may, however, permit the remaining informants/complainants in FIRs registered at New Delhi to register their complaint with the Police Station Kasna, Gautam Budh Nagar, Greater Noida, Uttar Pradesh if so advised, which can also be investigated by the SIT constituted by the State of Uttar Pradesh. 15. We are conscious of the fact that out of five cases registered within the State of NCT of Delhi brought to the notice of this Court, charge sheet has been filed in one of the FIRs. However, until the entire issue is debated and considered by this Court, to meet the ends of justice, it would be expedient to stay the further proceedings in connection with all the FIRs registered or to be registered hereinafter in the State of NCT of Delhi. 16. In view of the above, we dispose of the prayers for interim relief, in terms of the prayer clauses (c) and (d) of the writ petition on the following basis : 16.1. The petitioner is granted bail in respect of all the FIRs referred to in prayer clause (c) in respect of the project by name "Grand Venice" in NCR, in particular, Mall and Commercial Tower thereof, on the following conditions: 16.1.1 That the petitioner shall not commit any offence of similar type of which he has been accused. 16.1.2. The petitioner shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to denude such person from disclosing such facts to any Police Station or tamper with the evidence. 16.1.3. The petitioner shall join further investigation as and when called upon to do so by the Investigating Officer or by the SIT constituted by the State of Uttar Pradesh. 16.1.4. The petitioner shall deposit his passport with the Registry of this Court within a period of two weeks from today. If it is with the Police Station at Kasna or any Police Station in the State of NCT of Delhi, the Police Station concerned shall cause to deposit petitioner's passport in the Registry of this Court within the same time. 16.1.5. The petitioner shall report to the Investigating Officer nominated by SIT, constituted by the State of Uttar Pradesh on every Monday between 11 A.M. to 12 Noon and shall also appear before the Court concerned as and when called upon to do so. 16.1.6. The petitioner shall deposit an aggregate amount of Rs.50,00,00,000/- (Rupees fifty crore only) before the Registry of this Court as a pre-condition for grant of bail. On deposit of such amount, authenticated copy of the receipt issued by this Court be produced before the Court/Investigating Officer concerned. The amount so deposited by the petitioner in the Registry, be invested in an appropriate interest bearing deposit scheme in a nationalized bank until further orders including to renew the deposit from time to time. 16.1.7. The petitioner shall furnish personal bail bond of Rs.5,00,000/ ? (Rupees five lac only) with one surety in the like amount in connection with each FIR independently. 16.1.8. After being released on bail in terms of this order, the petitioner shall make every possible attempt to settle the claims of the complainant(s)/informant(s) concerned as far as possible within six to eight months as ordered by the Court of the Chief Judicial Magistrate, Patiala House Courts while granting bail to the petitioner in FIR No.38/2018 registered with the Economic Offences Wing, New Delhi vide order dated 15-5-2019. 16.1.9. If the petitioner fails to abide by any of the above conditions intentionally and if it is so established before this Court, no less than 50% of the amount deposited by him in this Court in terms of this order [para 16.1.6 above] shall stand forfeited. 16.1.10. The petitioner shall extend full cooperation to the Court concerned as and when necessary for early disposal of the cases. 16.2. All further proceedings emanating from FIRs registered at Police Station Parliament Street, New Delhi or Economic Offence Wing, New Delhi or any other FIR already lodged or to be lodged hereafter in State of NCT of Delhi against the petitioner in connection with the project named "Grand Venice", in particular, units in Mall and Commercial Tower thereof, shall remain stayed until further orders." From the above extract, it is clear that the matter before the apex court is limited to the FIRs in connection with the project "Grand Venice".;