Chandigarh: Surprised for the registration of FIR by Gurgaon in civil disputes with jurisdiction in Delhi, the Punjab High Court and Haryana have asked the Secretary of the Head of Haryana (home) to justify this pine registration and Gurgaon Police Behavior.
Justice Manoj Bajaj from HC also ordered the release of the applicant, Santosh Mahingam, who had been captured by Gurgaon police in this case and also imposed the investigation period of this case.
“Let the police commissioner, Gurugram submit a response to this petition by his own affidavit.,” Observing the High Court.
HC is looking for an explanation from ACS (house), Police Commissioner Response submitted by ACS (HOUSE) Haryana to justify Cemara Registration and District Police Behavior, because the State Government enjoys the Supervisory Strength at the State Police Department, “observed the High Court and delayed this problem for 27 August.
FIR, in this case, filed on July 17, 2021, contains accusations related to non-payment loans to the complainant (PM FINCAP LTD) by Trust Borrower – Maharaji Educational Trust – Maharaji and Santosh Trust.
The applicant and his parents are guardians These two trust.
According to the applicant, loan transactions began in 2009, and at first, RS15 Crores loans were disbursed by PM FINCAP LTD and opposed it, a number of RS 20 Crores established paid by borrowers until 2014.
Then in March 2015, another number of RS 35 crores are disbursed, and against the number of rs 25 crore returned to worries sister female PM FINCAP Ltd.
Vide The Yaran conducted in March 2015.
All transactions took place in Delhi, and other litigation between the parties was also delayed in Delhi, including complaints below the Section 138 Act of the Negotiable Instrument, 1881 submitted by creditors to the Petitioner, because the examination provided by The applicant to clean the debt is not honorable.
The High Court was told that disputes between the parties were associated with the recovery of the amount of loans and disputes if there were, purely from the civil nature and registration of FIR which was stabbed after a long delay not only without territorial jurisdiction but amounted to misuse of legal processes.
Complaints, PM FINCAP LTD, which for whom the first settlement was registered by Gurgaon police, was reportedly related to the family of a senior political leader Haryana.
Advice for the applicant informed HC that after the arrest of the Petitioner in July 17, 2021, he suffered a custodian torture during the police detention to force his parents to sign a Memorandum of Understanding (MoU) on July 29, 2021, with a complainant.
According to Mou, the borrower acknowledged their responsibility from RS101 Crores towards creditors and also agreed to transfer 272 flats (built for the medical college dormitory run by trust borrowers) in supporting the creditor company.
The applicant’s parents have also been ordered in this case but they are then given guarantees by HC.
The Petitioner’s senior advice argues that the facts above clearly show that FIR is registered in Gurgaon only with the only motive to restore the number of people accused of illegally by using the state machine where the investigation of this case is worth transferred to several agents other independent like CBI.
After hearing the request, HC ordered Mou’s implementation on July 29 to be stored in delay and also imposed staying at the investigation into the case.
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