Constitution of India, 1950 —Art. 226 and 227— Cheating—Criminal Breach of Trust— Purchasing/investing of unit/space—accused company failed to carry out any construction- misuse of money received from the investors/customers including petitioner— X approached Respondent No.2 SFIO as well as Respondent No.1 EOW intimating about the illegal acts of the accused Company and its Directors- Investigation was ordered against WTC Noida and its officials, by the Ministry of Corporate Affairs which got initiated by Respondent No.2 /SFIO- FIR registered- . Accused A(Director WTC Group) filed a quashing Petition before this Court and an interim Order of stay of arrest, were made in his favour on 17.01.2023- petitioner assailed Order dated 17.01.2023 before the Hon'ble Supreme Court of India vide SLP (Criminal) No. 7374/2023, wherein directions were given to this Court to dispose of CRL.M.C.298/2023 within four weeks on 21.07.2023- Final judgment was thereby given by this Court on 15.09.2023, whereby FIR No.06/2023 was quashed only against A — On 22.09.2023, the Hon'ble Supreme Court of India observed that the all rights and contentions of the parties are kept open and it was open for the Petitioner and aggrieved parties to take such remedies as are available in law for their grievance- Petitioner preferred an Application seeking monitoring of investigation on his Complaint dated 21.03.2023 made to Respondent No.1/EOW— Learned ACMM, New Delhi from February, 2024 to November, 2024, made serious observations against the callous manner in which investigation was progressing in the matter misdeeds and problematic nature of the investigation Agency were noted and directions were given to the IO to bring the investigation to a logical conclusion- Status Report was filed by the IO on 14.10.2024 and was taken on record- Administrative Order was passed on 14.10.2024, whereby all the files have been transferred to Respondent No.2/SFIO- Petitioner has thus, by way of present petition challenged the impugned Administrative Order dated 14.10.2024 on the ground that the said Order is contrary to the facts and merits of the case—CRL.M.C.298/2023, filed by A quashing of FIR, was allowed vide judgment dated 15.09.2023 and the FIR vis-a-vis A alone was quashed and directions were given to transfer all the documents available with the Investigation Officer to SFIO within four weeks- Mr. V had challenged the aforesaid judgment by filing SLP (CRL) No.327/2024, but it was dismissed on 02.02.2024- OBSERVATION- bare perusal of this final Order, is absolutely explicit and needs no clarification that the FIR No.06/2023 has been quashed only vis-a-vis Ashish Bhalla and only because identical Complaint is already pending before SFIO- quite evident that it is only vis-a-vis A that the FIR No.06/2023 has been quashed leaving it to be decided, investigated and adjudicated by SFIO- no directions for transfer of the Complaints of all other persons to SFIO and there was no inhibition imposed on EOW to continue investigations on the other Complaints- HELD- bare perusal of this final Order, is absolutely explicit and needs no clarification that the FIR No.06/2023 has been quashed only vis-a-vis A and only because identical Complaint is already pending before SFIO- quite evident that it is only vis-a-vis A that the FIR No.06/2023 has been quashed leaving it to be decided, investigated and adjudicated by SFIO- no directions for transfer of the Complaints of all other persons to SFIO and there was no inhibition imposed on EOW to continue investigations on the other Complaints— abundantly clear from the judgment dated 15.09.2023 that the investigations in the Complaints filed by other Complainants against WTC Noida Developers and its Directors, be continued with the FIR No.06/2023 since it has been quashed only vis-a-vis Director/A.
Held: (Para 26-31)
Result: Disposed of