Delhi High Court
Janardhan Senger vs State on 23 February, 2011
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: 22nd February, 2011
Date of Order: February 23, 2011
+ Bail Appln. No. 231/2011
% 23.02.2011
Janardhan Senger ...Petitioner
Versus
State ...Respondent
Counsels:
Mr. Ashwin Vaish and Mr. Vinod Kumar Pandey for petitioner.
Mr. Sunil Sharma, APP for State/respondent with SI Bhawan Sahai.
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the
judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
ORDER
1. This application for anticipatory bail has been made by the
petitioner who is involved in a case under Section 120-B, 406, 420, 468,
471, 506, 511 read with Section 34 IPC.
2. One Sanjay Kumar Rajput and Rajender Singh Rajput, both of
UP, opened an office in Atra Complex, Ratiya Marg, Sangam Vihar,
New Delhi, a locality inhabited by poor class of persons and propagated
amongst the people of locality that an NGO in the name of Annapurna
Bail Appln. 231 of 2011 Page 1 Of 4
Rationing Programme was being run by them. They encouraged people
to become ration card holder of the programme ensuring them that they
would provide them ration and other rationing goods at cheap rate on
depositing ` 750/- and out of this, ` 500/- shall be returned to the Ration
Card Holder by Government through this NGO. They also declared
award for those persons who enrolled large number of persons as
Ration Card Holders. Complainant was one of such persons who was
awarded ` 15,000/- for promotion of this NGO by enrolling maximum
number of ration card holders. Initially for about 2 months these
persons distributed sugar, refined oil, tea leaves, atta and rice to the
card holders at subsidized rates. Thereafter they started a "Cash Cards
Scheme" and asked the poor people to deposit ` 2300/- for each cash
card for a period of three months ensuring them that they would be
returned ` 3900/- against the said deposit of ` 2300/- within a period of
three months. This scheme was again for card holders and this lured a
large number of people of the area to become ration card holders and
cash card holders of the NGO. The accused persons started M/s. Good
Career Management and Marketing Private Limited. This name was
mentioned on the cards issued by the accused persons and the card
was branded as Annapurna Card. In order to encourage people to
enroll card holders, they initiated schemes of paying cash awards to
agents who enrolled maximum number of cash card holders.
Complainants were such persons who had benefited from the cash card
scheme and had encouraged people of Sangam Vihar to become
member of cash card scheme to deposit ` 2300/- against each card with
Bail Appln. 231 of 2011 Page 2 Of 4
the NGO. Being lured by high return, people obtained cards in own
name as well as in the names of their family members and relatives and
many people availed multiple cards and thus families invested their
entire earnings with the NGO. When enough money was collected, in
crores, the NGO disappeared from scene, office was closed, and no
one was traceable.
3. The contention of the counsel for the petitioner is that the
petitioner was not named in the initial complaint lodged with the police.
The petitioner has nothing to do with the NGO. He was father of
accused No. 3 and the main culprits were accused No. 1 and 2. The
petitioner was only a farmer and had nothing to do with either the
scheme or the money.
4. On the other hand counsel for the State submitted that as per the
complaint lodged with the learned MM under Section 156(3) Cr. P.C. on
the basis of which FIR was registered, the petitioner and his son were
actively involved in collecting money from the people. It is also
submitted that effort of police to interrogate the petitioner did not
succeed as when police reached his house in UP, he was not available.
However, police investigation showed that with the ill-gained money
from the poor families, movable and immovable properties in the form of
trucks and houses have been purchased by the petitioner.
5. I am surprised in the manner in which the cunning persons have
started exploiting even the poor by luring them of high return in the
name of NGOs. I consider that case needs thorough investigation.
6. NBWs of the petitioner have already been issued. He is not
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traceable for interrogation.
7. I do not consider it a fit case for grant of anticipatory bail. This
application is hereby dismissed.
8. Needless to say that the police is to exercise powers in
accordance with Cr. P.C. as amended up to date including the latest
amendment regarding arrest of people.
February 23, 2011 SHIV NARAYAN DHINGRA, J
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