- (1.) This order shall dispose of six petitions bearing CWP No. 24036 of 2015 titled as "Vir Karan Awasthy v. State of UP and others", CWP No.24403 of 2015 titled as "Vir Karan Awasthy v. State of UP and others", CWP No.24404 of 2015 titled as "Vir Karan Awasthy v. State of UP and others", CWP No.24405 of 2015 titled as "Vir Karan Awasthy v. State of UP and others", CWP No.27174 of 2015 titled as "Vir Karan Awasthy and another v. State of UP and others" and CWP No.27179 of 2015 titled as "Vir Karan Awasthy v. State of UP and others" as the issue involved in all the cases is common and the petitioner, who is common in all the petitions, has prayed for transfer of investigation, which is being carried out in six different FIRs, subject matter of six different aforesaid petitions, from UP to Haryana. However for the sake of convenience, the facts are being extracted from CWP No.24036 of 2015 titled as "Vir Karan Awasthy v. State of UP and others".
(2.) In this case, FIR No.0317 dated 29.9.2015 was registered at the instance of Karamvir Singh son of Kheemchand Singh, resident of Meerut Road Parikshitgarh, Meerut, Uttar Pardesh, under Sections 420, 406, 504, 506 of the Indian Penal Code, 1860 [for short 'the IPC'] at Police Station Parikshitgarh, District Meerut, UP. The common case of the parties is that the petitioner was the promoter and Managing Director of M/s Bush Food Overseas Pvt. Limited, Bahalgarh, Sonepat [for short 'the Company']. The company purchased paddy from the various grain markets of UP and did not make the payment. The paddy was however, brought by the company to their warehouse located at Sonepat. It is an admitted fact that the company was sold to M/s Hassad Netherlands B.V. [for short 'the company of Netherlands'] a company incorporated under the laws of the Netherlands. The petitioner ultimately became an employee of the company of Netherlands as per employment agreement dated 28.3.2013, which was executed at New Delhi, as per which the petitioner was appointed as MD/CEO of the company of Netherlands and hence, he ceased to be an Executive Director of the company. It is also not disputed that besides the dealers of various places in UP, who had sold paddy to the company and were allegedly cheated, the company of Netherlands has also registered FIR No.13 dated 3.12.2014 under Sections 406, 409, 420 and 120B IPC at Police Station Economic Wing, Saket, New Delhi, against the company much less the petitioner and his wife, who was also one of the Directors of the company, in which it is alleged that the Delhi High Court has already ordered for constitution of Special Investigation Team.
(3.) Learned counsel for the respondents have also informed the Court that Ritika Awasthy wife of the petitioner had filed a petition under Section 482 of the Cr.P.C. for quashing of some FIR before Allahabad High Court and remained unsuccessful. However, it is also not disputed that the petition filed by Ritika Awasthy before the Supreme Court is pending in which only notice of motion has been issued.;