Imtiyaz Murtaza, J. - (1.) IN the writ petition preferred by petitioner Amar Singh has mounted onslaught on the FIR dated 15.10.2009 registered at case crime no 458 of 2009 under section 420, 467, 471, 120 B IPC, sections 7/8/9/13 (1) (e) of the Prevention of Corruption Act, 1988 and section 3 and 4 of the Prevention of Money Laundering Act 2002 at police Station Babu Purwa Kanpur Nagar and sought quashing of the same by issuing a writ of certiorari.
(2.) IN the second petition preferred by petitioner Shiv Kant Tripathi, the relief sought in this petition is for a writ of mandamus directing Enforcement Directorate arrayed as respondent no 4 to take up the investigation of case crime no 458 of 2009 registered at PS Babu Purwa Distt Kanpur Nagar and investigate the same in accordance with Law attended with further relief of a writ of mandamus directing the Special Cell Economic offences Wing as also the Enforcement Directorate to submit such periodical reports as may be deemed fit as to the stage, status and manner of investigation to this Court and also for direction to complete the investigation within such period as may be directed by the Court. The allegations in the FIR under challenge in writ petition preferred by petitioner Amar Singh, pertain to the period when the petitioner was the Chairman of the U.P Development Council in the year 2003. The office of Chairman was said to be equal in rank to a Cabinet Minister. The first part of the allegations substantially is that the petitioner while holding the office of Chairman, misused his official position and awarded various Government contracts worth thousands of crores to companies owned and controlled by him and he also received kick-backs in the form of commission. The second part of the allegation is that the petitioner indulged in money laundering business by creating a web of shell companies. It is alleged that the major share holders of M/S Pankaja Arts and Credit Private Limited and M/S Sarvottam Caps Limited is the wife of the petitioner and close family associate namely Sri Amtabh Bachchan, a noted cine artist and former member of Parliament. It is further alleged that in all there are six companies which are under the control of the petitioner but at the same time, they are not involved in any active business and further that as many as 41 companies merged with M/S Pankaja Arts and Credit Private Limited and M/S Sarvottam Caps Limited by orders of Kolkata High Court dated 31.12.2003 and 31.1.2005. It is further alleged that the aforesaid 41 Companies were shell companies with little or no business. It is further alleged that amalgamation process was a deception and by this process the companies in which the petitioner had controlling shares, were enriched by wealth of around 400 crores. By this reckoning, it is alleged that the petitioner came in possession of wealth disproportionate to his known sources of income and it is further alleged that it would thus be eloquent that the petitioner misused his position by indulging in money laundering business and for this purpose he conspired with other Directors, officials and statutory authorities. Sri Ram Jethmalani, learned Senior Advocate assisted by Sri Kunwar Sidharth Singh, appearing for petitioner Amar Singh, argued the matter at prolix length. On the other hand, Sri Gopal Chaturvedi, learned Senior Advocate, assisted by Sri Samit Gopal, appearing for Shiv Kant Tripathi, petitioner in Writ Petition No 4909 of 2010 advanced his submissions at elaborate length. We have also heard Additional Solicitor General, Government Advocate and other counsel assisting them. We have also been taken through the materials on record in the course of arguments.
(3.) THE learned counsel appearing for the petitioner namely, Amar Singh, while assailing the allegations in the FIR, has set out summary of own facts which are that the petitioner was born and had received his education at Calcutta and he set up his business in Calcutta as well. It is also stated that the petitioner has his dwelling place at Calcutta at 35 Rowland Road and he is also registered there for income Tax purposes. It is also stated that barring EDCL Limited and Ester India Chemicals Ltd, all other companies mentioned in the FIR in which the petitioner had share-holdings are registered at Kolkata at the address (1) Azimganj House Block 1, Ist Floor 7 Camac Street Kolkata. It is also stated that out of 6 companies alleged to be under control of the petitioner, only Ester India Chemicals Ltd is filing its income Tax Returns at New Delhi while other five companies as mentioned below are filing their Annual returns at Kolkota. (1) M/S EDCL Ltd, (2) M/S Pankaja Art and Credit Pvt Ltd, (c) M/S Sarvottam Caps Ltd , (d) M/S EDCL Power Projects Ltd and M/S EDCL infrastructure. It is also stated that the above fact would be borne out from the perusal of the documents filed by the informant alongwith the FIR. It is also stated that the first company in which the petitioner had shareholding was registered in the year 1984 which is known as M/S Ester India Chemicals Ltd. THE other companies namely, M/S Pankaja Art and Credit Pvt Ltd and M/S Sarvottam Caps Ltd and EDCL Ltd were all incorporated in the year 1992, 1995 and 1995 respectively. It is also stated that similarly M/S EDCL Power Projects Ltd was incorporated in the year 2002. It is thus submitted that all the aforesaid companies were incorporated before the formation of Samajwadi Party Government in the State of U.P which came into power on 29th August 2003. It is explained that only one company known as EDCL Infrastructure came to be incorporated after the formation of the Government in the year 2004. It is also stated that 41 companies which are stated to have merged in M/S Panakaja Arts and Credit Pvt Ltd and M/S Sarvottam Caps Ltd are the companies which are incorporated in Kolkata It is also stated that the 41 companies as aforesaid had applied for merger sometime in 2004 and Feb 2005 and for that purpose company petition was presented in the Kolkata High Court which was allowed vide order dated Sept 20th, 2004 and Sept 7th, 2005. By that order, the transferee companies were allowed to convene separate meetings of equity shareholders for the purposes of considering the proposed scheme of amalgamation and in consequence, the companies had issued notices and reports were submitted which amply manifested that the proposed scheme of amalgamation had been approved by the requisite majority of the equity share holders. It is also stated that the Central Govt through its Advocate had also indicated that it had no objection to the proposed scheme of amalgamation. After completion of the above process, the Kolkata High Court approved the proposed scheme of amalgamation and declared it to be binding with effect from 1.1.2004 and 31.1.2005 respectively. It is further mentioned that allotment of share to the share holders of the transferor company had been done strictly as approved by the Kolkata High Court. Assailing the bonafide of the informant, the learned Counsel has stated that the informant had given fake address and mobile number. By this reckoning, the learned counsel submitted that the FIR has not been lodged with any bonafide intention. The learned counsel also called in question the jurisdiction of PS Babu Purwa. The learned counsel also submitted that the U.P.D.C was constituted on 15.10.2003 to advise the Government on matters of economic policies and development and it was not given any power to award any Government contracts. Drawing attention to the allegations as contained in the FIR it is stated that no allegation has been made that the UPDC was conferred any power to award any govt contracts. It is also submitted that UPDC has not awarded any govt contract or other contract to any industrialist. He also submitted that the UPDC with all its members acted collectively and all resolution passed by UPDC were only recommendatory, general and policy related and further that Sri Atul Gupta who was secretary Industries Department in the said Government was the ex officio secretary of the UPDC and even the advisory opinions of the UPDC were routed to Govt through Sri Atul Gupta.;