- (1.) VIRENDRA Saran, J. The applicants have filed this revision along with an application praying that the articles seized in connection with crime No. 609 of 1993, of police station Line Bazar, district Jaunpur under Section 419/420/468, I. P. C be released to them, An affidavit has also been filed in support of the revision. Counter and rejoinder affidavit have also been filed. Subsequently an application was made by the applicants praying that the revision be converted into a writ petition and in pursuance of the order of the same day, the applicants supplied requisite court-fee for a writ petition. At the hearing learned counsel for the applicants prayed, that the requisite court-fee having been supplied, the Court may exercise its jurisdiction under Article 226 of the Constitution or under Section 482, Cr, P. C. in the interest of justice.
(2.) ON 28-9-1993 one Ramesh Kumar Singh reported at police station Line Bazar stating that on 28-8- 1993 an employment advertisement appeared in the daily 'aaj' of a Company styled as Kisan Fans India Limited (for short, the Company ). The informant applied for the post of marketing manager and also deposited a postal order of Rs. 30 towards examination tee. Subse quently the informant learnt that the Company was not even registered and the employment advertisement had been published only to cheat and make easy money. ON the strength of the report, a case was registered at police station Line Bazar and the police raided the office of the company on 29-9-1993 and seized every thing that was found including cash, bank-drafts, postal orders, examination forms of the candidates, chairs, tables, carpets, durries, call bells, lemon set and the like. It also seized various documents from the office of the company including registration certificate, copies of memorandum of association and articles of association, cash book and the registers etc. The above mentioned items are detailed in the list, Annexure A-3 to the counter affidavit. I have heard learned counsel for the applicants and the learned State counsel and have perused the material placed on the record, I have also looked into the photocopy of the case diary which has been produced by the learned State counsel. Learned counsel for the applicants submitted that the entire action of the police was actuated by mala fides and the entire operation of seizure was the handiwork of the police and there was an intrigue between the police and Ramesh Kumar Singh. Learned counsel added that the applicants are facing total ruin as the entire property of the Company has been seized. Learned counsel asserted that the Company had been duly incorporated under the Companies Act and was registered with the Registrar of Companies, U. P. , Kanpur, vide registration No. 20-14318 and relied on the copies of the memorandum of association and articles of association of the company which have been filed as Annexure No. 5 and 6 to the affidavit. Learned counsel emphasised that the genuineness of the memorandum of association and articles of association has not at all been questioned in the counter affidavit. Learned counsel has further urged that the upcoming entrepreneurs are at the mercy of the local police and it is rather difficult to keep the police satisfied all the time.
(3.) LEARNED counsel I or the State, on the other hand, submitted that Kisan Fans India Limited was a bogus company and the registration certi ficate Photostat copy of which has been filed with the rejoinder affidavit, lacks genuineness. He urged that since the F. I. R. had been lodged by Ramesh Kumar Singh, a candidate seeking employment, with the allegation that he had deposited postal order of Rs. 33 in a bogus company, the police was well within its powers to raid the office of the company and make the seizure and the office of the company. LEARNED counsel for the State has relied upon the counter affidavit and has urged that Kisan Fans India Limited was a non-existent Company. He referred to the averments in the counter affidavit to the effect that even though there was no firm by the name of Kisan Fans India Limited, an advertisement was published in the daily 'aaj' inviting applications for various categories of employment and postal order Banb Draft of Rs. 30 to Rs. 60 (category wise) was to be deposited towards examination fee and thus cheating was done. Lastly, he urged that the Kisan Fans India Limited was not registered with the office of the General Manager, Industries, Jaunpur. In reply to the arguments of learned State counsel for the applicants reiterated that the registration certificate of the company is genuine and added that the infrastructure of the company was in the making when the police seized all the belongings of the company and closed down the func tioning of the company soon after its inception, even before any industrial activity could commence. He further contended that there was no legal requirement to get the registration done with the General Manager, Industries, Jaunpur and at any rate the occasion for such a registration had not arisen by then. I have given a serious thought to the entire material on the record in the light of the contentions of either side. In the case in hand, both sides have staked their cases on the incorporation of the company. The stand of the state is that the Company was not incorporated and the registration certificate relied upon by the applicants is not genuine. The photo copy of the case diary filed by the State reveals that the investigating officer has not collected any evidence to ascertain this crucial fact. When the articles seized included the registration certificate of the Company bearing the seal and signature of Sri R. D. Kureel, Registrar of Companies, U. P. , Kanpur, the investigating officer was under an obligation, to investigate into the basic question as to whether this company had been incorporated according to law or not. The fact could have been easily ascertained from the Registrar of Companies. I am at a loss to understand that on the mere lodging of the F. I. R. by Ramsh Kumar Singh, such a big raid was organised by the police depriving the company of whatever it possessed. Even insignificant articles like lemon set and call bells were not spared and were seized. The raid was organised without recording even a single statement under Section 161, Cr. P. C. beyond the Statement of Ramesh Kumar Singh. It leaves one guessing how the police jumped to the conclusion that the version of Ramesh Kumar Singh was a gospel truth. The seizure memo itself shows that ail the applications of various candidates and the postal orders etc. were found duly preserved in the company. In the counter affidavit there is not even a whisper that the memorandum of association and articles of association of the company are not genuine. The way in which the police has proceeded in the present case leaves a trail of question marks on the bona fides of the seizure. If the police were to become all in all, perhaps there may be no end. Even our ancestors in their wisdom realised that it was necessary to keep an eye on the officers to prevent misuse of powers by them. Dharmashastra emphasised that it is the duty of the king (now the State) to protect his people even from his own officers. This protection extended to punishing persons who invade man's right. (See Dr. P. V. Kane's 'history of Dharmashashtras' (1973 Ed.) Vol. Ill Chapter III ). I would go to the extent that even small lapses here and there do not spell out the offence of cheating as persons who are now in the business lack experience and are not conversant with many formalities.;