V.S.DAVE, J. - (1.) THIS is an application under Section 482, Cr.P.C. where by the petitioner has prayed for calling the entire record pertaining to the case end to quash the investigation being carried on by police in persuance of the FIR No. 83/88 of Police Station Kotwali, Jaipur and to further direct that all actions taken so far including sealing of the shops and the premises be set aside.
(2.) FACTS giving rise to this petition, under Section 482 Cr.P.C. are that one Smt. Banarasi Devi wife of Shri Shree Niwas Agarwal filed a complaint through her husband, a Tax -practitioner, against her younger son, Rajendra Kumar, his wife Smt. Vimla and one unknown person for offences under Sections 406, 409, 426, 467, 468, 471, 477A and 120B of the Indian Penal Code in the Court of Additional Chief Judicial Magistrate No. 5, Jaipur City, Jaipur. The allegations levelled in the complaint are that Shree Niwas, who is alto power of attorney bolder of his wife Smt. Banarasi Devi, has two sons -Ram Babu and Rajendra Kumar. Banarasi Devi opened a shop in Tripolia Bazar, Jaipur for giving utensils on hire in 1963. This shop was then shifted in shop No. D -50, Atish Market, Jaipur and was styled as Rajas than Tent House in 1975. At various time there were various partners in this firm but in 1978 it became the sole proprietorship firm of Smt. Banarasi Devi. Thereafter, on 10th May, 1978 she accepted the partnership of her younger son Rajendra Kumar. A complete list of property was prepared and was entrusted to Rajendra Kumar. He, how ever, had no investment in firm since be had just come out of the school in that year. Smt. Banarasi Devi was running one more business at D -48, Atish Market, Jaipur since 1965 which was taken on rent in her name on 16th November, 1965 and was in partnership with Mohanlal Gupta and Indrasen Jain. This firm was closed down in 1967. She then started business in the name of Shree Rajasthan Bartan Store. Thus, they opened the shop in D 48 and D -50 and also keep their material in various other godowns. The firm is an income -tax payer and has books of accounts. It is alleged that values of the goods have shown With deprivation else the market value of the goods mentioned in the list placed before the Income -tax Department is on much higher side. Banarasi Devi alleged that she had full faith in her son and did not use to interfere with books of accounts as she was illiterate. In 1982 Rajendra Kumar Agrawal and his wife Vimla separated from the family and both of them started living separately. It was alleged that non -petitioners started acting in an arbitrary manner and when accounts were asked from him, he used to start picking up quarrel. Then on inquiry, it was learnt that he has made false entries in the account -books to devour the money of the partnership firms. He has also shown very little stock in the books. Not only this, but it was also alleged that accused Rajendra Kumar withdrew the money from Banarasi Devi's account and deposited the same in his wife's account Several other allegations were levelled from para No. 8 onwards of 8 the complaint. It was also mentioned in the complaint that Rajendra Kumar planned to devour the entire money of the firm so he conspired with his wife and in persequence of same even the name of 'Rajasthan Tent House' was unilaterally altered to 'Shree Rajasthan Tent House' and Smt. Vimla Agrawal was made the sole proprietor of the firm. The name was also changed on the goods of the firm accordingly. Some allegations about the selling of the goods and transferring the partnership goods to individual and recovery of some money from certain persons named in the complaint were also alleged. When this complaint was received by the Magistrate, the same was Sent to Police Station, City Kotwali under Section 156(3) Cr.P.C. for investigation. Police during the course of investigation sent notice to the petitioner seeking information relating to the accounts in accounts -books. The accused persons meanwhile also approached the Court of Sessions, Jaipur City for seeking indulgence of anticipatory bail and the same was extended to them. Police during the course of investigation sealed (be shops D -48 and D -50 situated in Atish Market, Jaipur, art? (be premises of House No, 3714, Babu ka -Tiba, Surajpol, Jaipur godown at Mandir Pratapeshwar, Chandani Chowk, City Palace, Jaipur and the show -room situated at A -8, Sethi Colony, Jaipur. It is, thereafter, that this petition was moved on grounds mentioned in the petition. It is pertinent to mention here that this petition, has also a reference to the civil matters pending before the parties. Before initiating the proceedings in criminal courts, a civil suit had already been filed by Banarasi Devi in the Court of Additional District Judge No. 1, Jaipur City, Jaipur in March, 1987 for rendition of accounts and dissolution of partnership. Application for appointment of Receiver and appointment of a Commissioner to prepare a report have also been moved which all are still pending.
(3.) THIS petition was filed when the learned members of the bar were on strike and Hon'ble Kasliwal, J. admitted the same on April 2, 1988 The parties to the petition including the SHO, Police Station Kotwali appeared before me on 7th April. 1988. Since the running business has been brought to an end by abruptly sealing of all the business premises I passed an interim order which is being reproduced as under: Heard the parties and perused the diary. I have also gone through the reply filed by the complainant. Looking to the facts and circumstances of the case, I feel the ends of justice would meet if Smt. Vimla Agrawal is permitted to carry on the business on the following terms and conditions; (a) That an inventory of the property shall be prepared in presence of both the parties by Shri Babulal Sharma, Advocate, who is appointed as a Commissioner in this case and he shall be paid Rs. 1,000/ - to be divided equally by both the parties; (b) that no property shall be disposed of, sold or otherwise alienated in any manner without the permission of this Court; (c) that the petitioner shall furnish a solvent surety of Rs. 4,00.000/ -(Rupees four lakhs) to the satisfaction of the Additional Chief Judicial Magistrate No. 5, Jaipur City, Jaipur. Shri Babulal Sharma, Advocate shall prepare the inventory in presence of both the parties as well as the Police Officer to be deputed by the SHO, Police Station, Kotwali, Jaipur. As soon as the surety is furnished, the petitioner shall be permitted to start her business, SHO Police Station, Kotwali, Jaipur shall ensure that till the inventory is not complete, the goods to be taken out should be removed after making proper entries. The copy this order shall be given to the SHO, Police Station, Kotwali today with a spare copy meant for Shri B.L. Sharma, Advocate to whom the SHO shall get the order served. It is expected that Shri Sharma will start acting upon the order from tomorrow onwards and finish it as early as possible. Put up after three weeks.;