In major embarrassment to Delhi Police, court revives old case filed with its Economic Offences Wing
The FIR was initially filed by a Delhi based businessman against the directors of KNR Constructions Limited for alleged cheating and criminal breach of trust to the tune of rupees 32.4 crore
In an order that could cause huge embarrassment to the Delhi police, a Delhi court has set aside a cancellation report filed by it with regard to an FIR lodged in 2015 with its Economic Offences Wing.
While ordering to revive the FIR no. 106/2015, the Court of the CMM South Delhi also ordered further investigation under sections 406 and 420 of the IPC in the said FIR.
The Delhi police had in 2018 filed a cancellation report with regard to the FIR no. 106/2015 filed with its Economic Offences wing.
The court also observed that there was sufficient material on record to summon the accused Jetti Venkata Panindra Reddy who is the former director of KNR Constructions.
KNR Constructions is a multi domain infrastructure development organisation which executes the construction of technically complex and high value projects across segments such as expressways, national highways, flyovers, bridges and viaducts
Asserting that while summons have been issued to JVP Reddy and he has been asked to appear before the court, the bench observed that at the same time many aspects of the case require further investigation.
The FIR was initially filed by a Delhi based businessman Shaik Abdul Hameed, who is also an international champion in ten-pin bowling, against the directors of KNR Constructions Limited, including Kamidi Narshima Reddy, the then chairman and founder of the company, Jetti Venkata Panindra Reddy, the son-in-law of KN Reddy, and Jetti Vijaya Laxmi, daughter of KN Reddy for alleged cheating and criminal breach of trust to the tune of rupees 32.4 crore.
JVP Reddy who was the then the executive director and son-in-law of the chairman KNR Constructions Limited, had taken rupees 32.4 crores from Shaik Abdul Hameed in 2012 as payment for 18,32,115 shares of KNR Constructions Limited that were in his name. The said shares were transferred by JVP Reddy as a gift to KN Reddy, before he issued TFID slip to Shaik Abdul Hameed for transfer of shares. JVP Reddy also temporarily resigned from his post as the executive director of KNR Constructions Limited.
The FIR was closed by the Investigating officer of the EOW Delhi Police in 2018 by filing a cancellation report in the concerned court. The closure report was challenged by the victim Shaik Abdul Hameed and a protest petition was filed before the Chief Metropolitan Magistrate, south Delhi.
The court while passing the order observed, "Court is of the firm opinion that investigating agency has certainly left out many aspects of the allegations of complainant without due investigation. While the contents of cancellation report are more in nature of 'cross examination' of complainant and his witnesses."
Shaik Abdul Hameed alleges that the police officials involved in the case have compromised their dignities and are cohorts with the accused.
The court also observed that cancellation report filed by the IO is more in nature of a written statement of the accused and an attempt to manipulate the investigation can be seen on a bare perusal of the report filed.
The court further directed the ACP EOW to get the matter further investigated from an officer not less than the rank of Inspector and to file a supplementary report on the next date of hearing.
The victim, Shaik Abdul Hameed says he will approach the central agencies including Enforcement Directorate and Serious Fraud Investigation Office for investigation into money laundering allegations against the accused company and its directors.