Arvind Kumar Mishra - (1.) Heard Sri Sudhanshu Srivastava, learned counsel for the applicants, Sri Gyan Prakash, learned Additional Solicitor General of India for opposite party no.2, Sri Jitendra Kumar Rai, learned A.G.A. assisted by Sri Bhanu Prakash, Brief Holder for the State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding in Complaint Case No.720 of 2017, Serious Fraud Investigation Office Vs. Mohammad Iqbal and others, under Sections 420, 468, 471, 120B I.P.C., and Sections 211, 297, 299, 301, 678, 629-A of the Companies Act, 1956 and Sections 129, 184, 188, 189, 447 and 448 of the Companies Act, 2013, Police Station Gomti Nagar, District Lucknow, pending in the court of the Additional Sessions Judge, Court No.3 and Special Judge, (Companies Act), Dwarka, District Court / Delhi and quashing of the summoning order dated 24.01.2019 passed by the aforesaid court.
(3.) At the very outset, objection has been raised by the learned Additional Solicitor General of India, Shri Gyan Prakash to the maintainability of this application under Section 482 Cr.P.C before this Court. Ground being that this Court lacks the jurisdiction to entertain this application. In this case, the proceedings have been initiated on the direction of Hon'ble Apex Court and the investigation was done by special agency 'Serious Fraud Investigation Office' and violations of rules and regulations of provisions of the Companies Act, 1956, inter-alia, was found to have been committed extensively by a large number of accused including the present applicant - accused and after due investigation, complaint was filed in the special Court of District Dwarka at Delhi, which upon consideration of the contents and merit of the case has rightly summoned the accused- applicants - vide its order dated 24-1-2019 to face the trial (in Complaint Case No. 720 of 2017). Learned Additional Solicitor General of India added that the summoning order dated 24-01-2019 was previously challenged before the High Court of jurisdiction at Delhi in Criminal M.C. No. 647 of 2019 and Criminal M.A. No.2713 of 2019 but the petition has been rejected and the summoning order has been sustained.;