Srinagar: In a petition by a Delhi businessman seeking CBI investigation in to his alleged extortion by a well-knit gang in south Kashmir “patronized by high-level police officers and politicians”, the High Court on Tuesday directed the Economic Offences Wing of Crime Branch, Kashmir, to undertake investigation of the case and take appropriate action against the accused.
The court disposed of the petition of the businessman Vikram Bhardwaj, who sought action against those found to be actively involved in the racket, especially the prime accused Ajay Agarwal and Pankaj Jain.
The petitioner said that during the course of his business activities a complaint against him was lodged against him under Section 138 of Negotiable Instruments Act. The complaint in respect of a cheque dated 21.08.2018 amounting to Rs 75.00 lakhs was instituted before the Court of Judicial Magistrate, 1st Class Anantnag.
The complaint was lodged by one Sania Fayaz, attorney holder of one Pankaj Jain. The petitioner had certain business transactions with Pankaj Jain.
“The cheque in question had been stolen way back in the year 2014,” said Bharadwaj, adding that he challenged the proceedings.
According to Bharadwaj, a number of cases have been filed against non-locals in Anantnag, Kulgam and Qazigund.
“In most of the cases, complaints have been preferred by attorney holders acting for and on behalf of a fraudulent company known as ‘Host Finance & Investments Pvt. Ltd’ of Agarwal and Jain,” he said.
His petition alleged that “a well-knit racket is being run in J&K, particularly in south Kashmir, which has the patronage of high-ranking police officers and other officers of the state including the politicians.”
Justice Sanjay Dhar after hearing the case directed the Economic Offences Wing of Crime Branch, Kashmir, “to undertake further investigation of the case with regard to the role of the complainants/plaintiffs/lawyers who had filed false complaints/cases before various courts, and on the basis of the material that may be collected during investigation; appropriate action be taken against those found to be actively involved with the main accused, namely, Ajay Agarwal and Pankaj Jain.”
He said “the contention of counsel for the petitioner that the role of the police officers/officials also comes under scanner appears to be without any substance”.
He also said “there is no material available on record to even remotely suggest that any judicial officer was involved in the alleged conspiracy of filing false cases”, adding so far as the role of lawyers in filing of false cases is concerned, the investigating agency appears to have done nothing in that regard and the same is required to be investigated.
The investigating agency has done fairly a good job in investigating most of the aspects of the matter and the investigation has already been handed over to a specialized agency like Economic Offences Wing of Crime Branch, Kashmir, said the court.
It declined to handover the case to CBI saying “no such glaring and exceptional circumstances have been brought to the notice of this court that would warrant transfer of investigation to any other agency.”
Investigation as regards offence under Section 209 of RPC (dishonestly making false claim in court) be taken to its logical conclusion and if found established, the material collected during investigation be placed before the respective courts for taking further action in the matter in accordance with law, it directed.
