Nisha Gupta, J. - (1.) THIS writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed for appropriate direction to the concerned authorities to register an FIR on the complaint filed by the petitioner dated 14.6.2013 at Police Station Gandhi Nagar, Jaipur.
(2.) UNNECESSARY detailed and cumbersome petition has been filed for the above order and direction. Gist of the contentions in the petition are that the petitioner is a Housing Finance Company registered under the Companies Act and is subsidiary company of Punjab National Bank and notified as a financing company under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and term loan cum hypothecation agreement dated 13.3.2008 was executed between the petitioner and respondent No. 3 wherein the petitioner agreed to lend term loan of Rs. 5 crore to respondent No. 3 and petitioner was entitled to disburse the loan in different stages on which respondent No. 2 has pledged as security the title or documents of the subject plot to be created in future in favour of respondent No. 3, contract to create a mortgage thereon on the petitioner. On the above assurance, the petitioner has granted financial assistance to respondent No. 3 and he has availed the financial assistance of Rs. 2 crore 30 lacs as the principal amount and it was disbursed directly to respondent No. 2 on 13.3.2008. Thereafter, the petitioner came to know that fraud had been played on him by respondent No. 3 with the privy of respondent No. 2 and which has resulted wrongful loss to the petitioner, if the petitioner would have known the fraud, the financial assistance would not have been granted to respondents. False and incomplete informations have been supplied to the petitioner and wrongful gain has been obtained by respondents No. 2 and 3. The petitioner tried to lodge an FIR at Police Station Gandhi Nagar but when he could not succeed he sent a complaint dated 14.6.2013 to DCP (East), Jaipur Commissionerate through speed post with the prayer that FIR be lodged against the accused company M/s. Jain Realtors Pvt. Ltd. with his directors and official of the Jaipur Development Authority but inspite of receipt of report, no FIR has been registered. Concerned authorities are sitting over the matter, hence an appropriate direction be issued to the concerned authorities to register an FIR and investigate the matter in accordance with law. The same contentions have been repeated by the representative of the petitioner present in person. A reply has been filed on behalf of the State Government in which it has been accepted that a complaint at police Station, Gandhi Nagar has been made and Investigation is in progress but factual report speaks otherwise. In factual report it has been stated that on the instance of respondent No. 5, an FIR No. 343/2010 was registered earlier in which negative final report has been filed and the Investigation Officer was of the opinion that it is the case of civil nature, nothing has been stated that what progress has been made as regards the communication received by DCP (East) on 18.6.2014 sent by the petitioner.
(3.) HEARD the parties present in person and perused the impugned document relevant to the petition.;