THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.24531, 24533, 24534, 24535,
24537, 24539, 24544, 24545, 24546, 24548, 24549,
24552, 24553, 24556, 24557, 24558, 24561, 24562,
24563, 24566, 24570, 24572, 24573, 24579, 24587,
24597, 24614, 24624, 24626, 25416, 25434, 25438,
25444, 25449, 25511, 26988, 26997, 27064 and
27140 of 2023
COMMON ORDER:
Since all these writ petitions have been filed aggrieved
by the action of the respondents police in not registering
the complaints lodged by the petitioners against the unofficial respondents i.e., M/s. Jayathri Infrastructures India Pvt. Ltd. and its Directors, they are being disposed of by this common order.
2. The facts of W.P.No.24531 of 2023, which is taken as the lead case, are set out as follows:-
The case of the petitioner is that respondent No.6 herein i.e., M/s. Jayathri Infrastructures India Pvt. Ltd. has been incorporated under the provisions of the Companies Act, 2013, respondent No.7 is its Managing Director and respondent Nos.8 and 9 are his wife and son respectively. It is the further case of the petitioner that 2 respondent Nos.6 to 9 in collusion with each other hatched a criminal conspiracy with a common intention and sole object to cheat the petitioner and other innocent public to invest amounts in their company project viz., Mount Bay across the Hyderabad for development of the lands. As such on the assurance given by the said Company and its Directors that they will develop the property within 24 months and then the same will get attractive market value and the investors would be benefitted with double the amount invested in the said company, the petitioner fell into the trap of respondent No.6 and its Directors and purchased land in Survey No.200/17/A.12 admeasuring Ac.0.14 guntas situated at Somarajuguda Village, Marri Guda Mandal, Nalgonda District by investing an amount of Rs.6,33,000/-. Accordingly respondent Nos.7 to 9 executed a Memorandum of Undertaking (MoU) dated 25.07.2021 in favour of the petitioner. It is contention of the petitioner that many other middle-class and upper- middle-class people also invested their hard earnings in the said project with a hope that they will get good returns for their investments.
32.1. The grievance of the petitioner is that when he came to know that respondent Nos.6 to 9 cheated him and committed breach of trust and when there is no development activity that has been undertaken in pursuance of the MoU executed in his favour by respondent Nos.6 to 9 dated 25.07.2021, he was constrained to lodge a complaint dated 14.08.2023 stating the said facts on the file of respondent No.4 i.e, Station House Officer, KPHB Police Station, but even though the said complaint reveals cognisable offence, so far the respondents police have not acted upon the same, which is illegal, arbitrary and contrary to the law laid down by the Supreme Court in the case of Lalitha Kumari vs. State of Uttar Pradesh 1.
3. A counter affidavit has been filed by the Inspector of Police, KPHB Police Station, Cyberabad, inter alia stating that on receipt of the complaints dated 14.08.2023, 16.08.2023 and 28.02.2023 lodged by the petitioners herein, respondent No.4 has made entry for enquiry and 1 (2014) 2 SCC 1 4 investigation; while so, other similarly situated persons who are said to have been fell into the trap of respondent Nos.6 to 9 have filed various complaints on the file of the concerned police stations alleging that respondent No.6 represented by respondent No.7 and others have cheated them by collecting crores of rupees for their wrongful gains; acting upon the said complaints, various cases were registered against respondent Nos.6 to 9, vide (i) Crime No.202 of 2022 for the offences punishable under Sections 406, 420, 506 read with 34 of IPC and Section 156(3) of Cr.P.C, (ii) Crime No.278 of 2022 under Sections 504 and 506 of IPC, (iii) Crime No.459 of 2022 under Sections 420 and 406 of IPC, (iv) Crime No.798 of 2022 under Sections 420 and 406 IPC, (v) Crime No.904 of 2022 under Sections 406 and 420 read with 34 of IPC, (vi) Crime No.1003 of 2022 under Sections 420, 406 read with 34 of IPC, (vii) Crime No.1045 of 2022 under Sections 406 and 420 of IPC and Section 5 of Telangana State Protection of Depositors of Financial Establishments Act, (viii) Crime No.49 of 2023 under Sections 504 and 506 of IPC (ix) Crime No.125 of 2023 under Sections 406, 420 read with Section 34 of IPC 5 and Section 5 of Telangana State Protection of Depositors of Financial Establishments Act, (x) Crime No.647 of 2023 under Sections 406 and 420 read with 34 of IPC and Section 5 of Telangana State Protection of Depositors of Financial Establishments Act on the file of KPHB Police Station; during the course of investigation, on 25.01.2023 respondent No.7 herein, who is accused No.1 viz., Kakarla Srinivas was arrested in connection with Crime No.1045 of 2022; he admitted his guilt in committing the offences in the abovementioned crimes; his detailed confession statement was recorded; thereafter he was produced before the Court of XV Metropolitan Magistrate at Kukatpally and was remanded to judicial custody; after knowing the said fact of arrest and judicial remand, the petitioners in this batch of writ petitions claiming to be the victims being cheated by respondent Nos.6 to 9 have approached respondent No.4 and lodged written complaints dated 14.08.2023, 16.08.2023 and 28.08.2023 requesting to take necessary action; since the grievance of the petitioners is one and the same and as already respondent No.7 was arrested in Crime No.1045 of 2022 for similar offences, 6 respondent No.4 has intended to record the statements of all the petitioners herein in the above crime by citing them as witnesses instead of registering multiple FIRs against same accused; respondent No.4 will record the statements under Section 161(3) of Cr.P.C of all the petitioners in this batch of writ petitions in the above crime by duly addressing their grievances as contended in the writ petitions.
4. Heard learned counsel for the parties and perused the record.
5. A learned Single Judge of this Court in similar matters i.e., W.P.No.45620 of 2022 and batch, while following the guidelines issued by the Hon'ble Supreme Court in Lalitha Kumari's case (1 supra), disposed of the writ petitions vide common order dated 29.12.2022 directing the respondents police concerned to register the complaints lodged by the petitioners therein in connection with the company involved in the said cases and transferred the FIRs to the Central Crime Station, Detective Department, Hyderabad, for joint investigation in all the 7 crimes. Questioning the said order, writ appeals came to be filed before this Court vide W.A.No.80 of 2023 and batch and the Hon'ble Division Bench, duly taking into consideration the judgment of the Supreme Court in Ram Kishan Fauji vs. State of Haryana 2 disposed of the said batch of writ appeals vide judgment dated 10.02.2023, the relevant portion of which reads as follows:-
"6. It is trite law that there cannot be multiple F.l.Rs. in respect of a single offence. The law is well settled that even if multiple F.l.Rs. are filed, the subsequent F.l.Rs should be treated as statement made under Section 162 of Criminal Procedure Code, 1973 and transmitted to the Police Station where the lead case is being investigated. We have been informed that in this case the lead case is Cr.No.158 of 2022."
6. In the present batch of cases, the grievance of the petitioners is similar to that of the cases referred to above that the Managing Director and promoters of M/s. Jayathri Infrastructures India Pvt. Ltd cheated them by collecting huge amounts and therefore they are liable for prosecution in accordance with law. Since the Division Bench of this Court in similar circumstances as mentioned above in 2 (2017) 5 SCC 533 8 W.A.No.80 of 2023 and batch observed that there cannot be multiple FIRs in respect of a single offence and law is well settled that even if multiple FIRs are filed, the subsequent FIRs should be treated as statement made under Section 162 of Cr.P.C and transmitted to the Police Station where the lead case is being investigated, this Court also deems it appropriate to direct the respondents police concerned to register and transfer all the cases in connection with M/s. Jayathri Infrastructures India Pvt. Ltd to the police station, where the lead case in this batch of cases is registered, for joint investigation.
7. Learned Government Pleader for Home submits that so far in this batch of cases, the lead case registered being Crime No.1045 of 2022 on the file of Station House Officer, KPHB Police Station, all the cases filed in connection with M/s. Jayathri Infrastructures India Pvt. Ltd may be directed to be transferred to KPHB Police Station, Cyberabad.
8. Resultantly, all these writ petitions are disposed of directing the respondents police concerned to register the 9 complaints lodged by the petitioners in connection with M/s. Jayathri Infrastructures India Pvt. Ltd and transfer the same to KPHB Police Station, Cyberabad, where the lead case i.e., Crime No.1045 of 2022 is pending, for joint investigation in all the crimes. The Investigating Officer is directed to record the statements of the complainants under Section 162 of Cr.P.C and proceed with the investigation strictly in conformity with the provisions of the Code of Criminal Procedure, 1973, if necessary by taking the assistance of the Economic Offences Wing, Cyberabad, for early and effective investigation, and file charge sheet against the accused in the said crimes as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_________________________ C.V.BHASKAR REDDY, J 15.11.2023 JSU