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Punjab-Haryana High Court
Unifact Edutech Pvt.Ltd And … vs State Of Haryana And Others on 2 March, 2021CWP-3841-2020 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
101 CWP-3841-2020 (O&M)
Date of decision: 02.03.2021
UNIFACT EDUTECH PVT. LTD AND OTHERS …Petitioners
Versus
STATE OF HARYANA AND OTHERS …Respondents
CORAM: HON’BLE MR. JUSTICE ANIL KSHETARPAL
Present :
Mr. Vishwendra Verma, Advocate for the petitioners.
Mr. Samarth Sagar, Addl. AG, Haryana.
****
ANIL KSHETARPAL, J. (Oral)
In the considered view of this Court, present writ petition
is an abuse of the process of the Court. Through this writ petition, the
petitioners have prayed for the following substantive reliefs:-
“i. Issuance of a writ in the nature of mandamus for
protection of rights of the petitioners 2 to 4 under
Articles 19 and 21 of the Constitution of India with a
prayer to direct the respondents to conduct proper and
fair investigation/inquiry in the FIR No.610 dated
30.09.2019, PS DLF Distt. Gurgaon under Section
406/420/506 IPC, FIR No.0300 dated 25.05.2019 PS
DLF Distt. Gurgaon under Section 406/420 IPC, FIR
No.0016 dated 10.01.2020, PS DLF Distt. Gurgaon
under Section 420/467/468/471 IPC, FIR No.0017 dated
10.01.2020, PS DLF Distt. Gurgaon under Section
420/467/468/471 IPC, FIR No.0429 dated 20.05.2019,
PS Panipat City Distt. Panipat under Section 406/420
IPC as per law especially in view of the arbitration
clause set in the agreements with the complainants,
annexed with petition, being purely civil dispute and
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further directing the respondent No.1 and 2 to pass
appropriate speaking orders on the representations dated
Annexure P-12 (colly) further directing the respondent
No.3 to 5 to hold proper and fair investigation.
ii. Further writ in the nature of mandamus directing the
respondent No.1 and 2 to protect the rights of the
petitioners under Articles 19 and 21 of the Constitution
of India by holding inquiry before registration of any
FIR on the complaint regarding any alleged economic
offence received in future providing fair chance to the
petitioners by participating in the inquiry as registration
of FIR after FIR without holding inquiry is causing
irreparable loss to the petitioners as well as students
who are presently availing the services/consultancy for
study at Universities outside India and to entrust the
investigation of the instant case for any fair and
competent investigation of the instant FIRs as stated in
the petition to fair and competent investigation agency
which this Hon’ble Court deems fit to meet the ends of
justice. Further directing the respondents to take proper
legal action against the persons who might be found
liable for false implications for petitioners in the FIRs
by furnishing false and misleading information about
the dispute if any which is purely civil in nature for
avenging their personal grudge and malice and
concealing material facts while filing the complaint
before the police.
iii. To issue any other writ, order or direction which this
Hon’ble High Court may deem fit and proper under the
peculiar facts and circumstances of the present case.
iv. It is further prayed that during the pendency of the
present writ petition the proceeding in the FIR No.610
dated 30.09.2019, PS DLF Distt. Gurgaon under Section
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406/420/506 IPC, FIR No.0300 dated 25.05.2019 PS
DLF Distt. Gurgaon under Section 406/420 IPC, FIR
No.0016 dated 10.01.2020, PS DLF Distt. Gurgaon
under Section 420/467/468/471 IPC, FIR No.0017 dated
10.01.2020, PS DLF Distt. Gurgaon under Section
420/467/468/471 IPC, FIR No.0429 dated 20.05.2019,
PS Panipat City Distt. Panipat under Section 406/420
IPC may kindly be stayed in the interest of justice,
equity and fair play.”
Sh. Samarth Sagar, Addl. AG, Haryana, has filed status
report by way of affidavit of Assistant Commissioner of Police, DLF,
Gurugram on behalf of respondent No.1 to 4, same is taken on record.
It has been disclosed that the petitioner company allured a number of
students by offering them education in various courses in Germany
and collected huge amount. However, neither the students were able to
get admission nor amount collected was returned. As per the affidavit,
following cases along with their status has been disclosed:-
1. FIR No.300 of 2019 under Section 420/406 IPC PS
DLF Sector 29, Gurugram
There are six accused persons in this case i.e Ranadeep
Ghoshal, Aashima Malhotra, Prateek Nepalia,
Sandeepan Kavirajan, Kaushik Bose and Pooja Boria.
The matter is under investigation.
2. FIR No.392 of 2019 under Section 420/406 IPC PS
Shivaji Nagar, Gurugram
In this matter, a quashing petition has been filed before
this Hon’ble High Court which is fixed for 27.04.2021.
3. FIR No.429 of 2019 under Section 420/406 IPC PS
City Panipat
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The challan in this case has been submitted in the Court
on 04.10.2019. The trial of the case is fixed for
04.03.2021 in the Court of Ld. CJM, Panipat. The
warrants of the accused persons have been issued by the
Ld. CJM.
4. FIR No.610 of 2019 under Section
420/406/467/468/471/506 IPC PS DLF Sector 29,
Gurugram
There are seven accused persons in this case i.e.
Ranadeep Ghoshal, Aashima Malhotra, Prateek Nepalia,
Sandeepan Kavirajan, Kaushik Bose, Anant Kumar and
Pooja Boria. The challan against Kaushik Bose and
Anant Kumar has been submitted in the Court and the
matter is fixed for 04.03.2021 in the Court of Ld. CJM,
Gurugram. The matter is under investigation qua the
other accused.
5. FIR No.16 of 2020 under Section
420/406/467/468/471 IPC PS DLF Sector 29,
Gurugram
There are five accused persons in this case i.e.
Ranadeep Ghoshal, Aashima Malhotra, Prateek Nepalia,
Sandeepan Kavirajan and Kaushik Bose. The challan
against Kaushik Bose has been submitted in the Court
and the matter is fixed for 26.05.2021 in the Court of
Ld. CJM, Gurugram. The matter is under investigation
qua the other accused.
6. FIR No.17 of 2020 under Section
420/406/467/468/471 IPC PS DLF Sector 29,
Gurugram
The accused persons in this case are Ranadeep Ghoshal,
Aashima Malhotra, Prateek Nepalia, Sandeepan
Kavirajan and Kaushik Bose. The challan against
Kaushik Bose has been submitted in the Court and the
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matter is fixed for 26.05.2021 in the Court of Ld. CJM,
Gurugram. The matter is under investigation qua the
other accused.
7. FIR No.132 of 2020 under Section
420/406/506/120-B IPC PS Sector 29, Gurugram
The accused persons Ranadeep Ghoshal, Aashima
Malhotra, Prateek Nepalia, Sandeepan Kavirajan and
Kaushik Bose have not joined the investigation as yet.
The matter is under investigation.
8. FIR No.188 of 2020 under Section 420/406 IPC PS
DLF Sector 29, Gurugram
The accused persons Ranadeep Ghoshal, Aashima
Malhotra and Prateek Nepalia have not joined the
investigation till date. The matter is under investigation.
9. FIR No.198 of 2020 under Section 420/406 IPC PS
DLF Sector 29, Gurugram
The accused persons Ranadeep Ghoshal, Aashima
Malhotra and Prateek Nepalia have not joined the
investigation till date. The matter is under investigation.
10. FIR No.239 of 2020 under Section 420/406/506
IPC PS DLF Sector 29, Gurugram
The accused persons Ranadeep Ghoshal, Aashima
Malhotra and Prateek Nepalia have not joined the
investigation till date. The matter is under investigation.
11. FIR No.63 of 2021 under Section 420 IPC PS
DLF Sector 29, Gurugram
The matter is under investigation.
As per information available on the High Court website,
the petitioners and other co-accused have filed various petitions before
this Court which have either been decided or are pending. The
information available from the High Court website is extracted as
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under:-
Sr. FIR No. Case No. Status Remarks
No.
1 FIR No. 392 CRM-M-40974- 2019 titled as Pending for Compromise
dated Ranadeep Ghosal and another 27/04/2021 quashing
24/03/2019 u/s Vs. State of Haryana and
420,406 IPC another
P.S. DLF ,
Sector -29
Gurugram
2 FIR No. 610 CRM-M-9232- 2020 titled as Pending for Anticipatory
dated Ranadeep ghosal Vs. State of 06/04/2021 Bail
30.09.2019 U/s Haryana
406,420,467 ,
CRM-M-49941-2019 titled as Pending for Quashing
468 and 471.
Uniglobal Services Pvt. 22.04.2021
and 120 B IPC
Limited and another Vs. State
of Haryana
Allowed on Regular
05/06/2020 Bail
CRM -M-11977-2020 titled as by HMJ
Kaushik Bose Vs. State of
Mahabir
Haryana (Regular Bail)
Singh
Sindhu
Dismissed
CRM-M20461-2020 tiltled as on
Prateek Nepalia Vs. State of 15/01/2021 Pre arrest
By HMJ Bail
Haryana
Har Naresh
Singh Gill
3 FIR No. 16 CRM-M -9248- 2020 titled as Interim Pre arrest
dated Ranadeep Ghosal Vs. State of Bail bail
10.01.2020 U/s Haryana granted
406,420,467,4 Pending for
68,471 of IPC 07/04/2021
Police Station CRM -M24899-2020 titled as Pre arrest
Pending for
at DLF Sector Parteek Nepalia Vs. State of Bail
07/04/2021
-29 Gurugram Haryana
CRM -M4095-2021 titled as
Kaushik Bose Vs. State of Pending for Quashing
Haryana 05/03/2021
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Sr. FIR No. Case No. Status Remarks
No. 4 FIR No. 239 CRM-M-30770-2020 titled as Pending for Pre arrest
dated Parteek Nepalia Vs. State of 19/03/2021 bail
08/07/2020 U/s Haryana Interim
406,420 IPC , order has
Police Station been vacated
DLF Sector – 29 vide order
Gurugram dated
22.01.2021
CRM-M-43958-2020 titled as
Interim Pre arrest
Ashima Malhotra Vs. State of
relief bail
Haryana
granted,
Pending for
09/04/2021
Interim Pre arrest
CRM-M-43610-2020, titled as
relief Bail
Ranadeep Ghosal Vs. State of
Haryana granted Next
date –
09/04/2021
5 FIR No. 198 CRM-M-29315-2020 titled as Dismissed Quashing
dated Prateek Nepalia Vs. State of By HMJ Har
03/06/2020 U/s Haryana Naresh
406,420, IPC , Singh Gill
Police Station on
DLF , Sector – 26/11/2020
29 Gurugram
6 FIR No. 17 CRM-M- 9192 – 2020 titled as Dismissed Anticipatory
dated Ranadeep Ghosal Vs. State of by HMJ Bail
10/01/2020 u/s Haryana H.S. Madan
406,420,467,46 on
8,471 IPC , 07/01/2020
Police Station , CRM-M-24354-2020 titled as
Dismissed Anticipatory
DLF Sector -29 Prateek Nepalia Vs. State of
by HMJ Bail
Gurugram Haryana
H.S. Madan
on
07/01/2020
7 FIR No. 132 CRM-M-31254- 2020 titled as Interim bail Anticipatory
dated Prateek Nepalia Vs. State of granted by Bail
24/03/2020 u/s Haryana HMs. J. Jai
406,420, Shree
467,468, and Thakur
471 IPC , Police CRM-M-43890- 2020 titled as Pending for
Station , Sector Ashima Malhotra Vs. State of 05/04/2021
-29, Gurugram Haryana Interim bail
granted ,and
Pending for
03/05/2021
CRM-M-43944- 2020 titled as Interim bail
Ranadeep Ghosal Vs. State of granted and
Haryana Pending for
03/05/2021
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Sr. FIR No. Case No. Status Remarks
No. 8 FIR No. 188 CRM-M-29768- 2020 titled as Dismissed Pre arrest
dated Prateek Nepalia Vs. State of by HMJ Bail
23/05/2020 u/s Haryana Anil
420,406 IPC , Kshetarpal
Police Station on
DLF , Sector – 25/09/2020
29 Gurugram
From the affidavit, it is apparent that in some cases, the
matter is under investigation whereas in some cases, the police has
already submitted the final report before the Court of competent
jurisdiction.
Keeping in view the aforesaid facts, this Court is not
inclined to issue the writs as prayed for.
Hence, disposed of.
02.03.2021 (ANIL KSHETARPAL)
ashok JUDGE
Whether speaking/reasoned: Yes / No
Whether reportable: Yes / No
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