Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-0049415-2024 C. C. No.184/MISC/2024
ORDER BELOW EXH.1
Read complaint. Perused the documents placed on record.
Heard complainant Shri Sapan Shrivastava in person.
2. According to complainant accused No.1 to No.4 are top
officials of Trident Limited Formerly Abhishek Industries Limited and they
have launched the IPO without permission of SEBI and committed offence
and causing huge monetary loss to the country. The investigation agencies
despite of disclosing them the commission of cognizable offence, failed to
register F.I.R. Hence, this complaint, wherein the complainant sought
direction to B.K.C. police station to register the F.I.R., as per the provision
of section 156 (3 ) of Code of Criminal Procedure.
3. Shri Sapan Shrivastava the complainant in person submits
that, accused No.1 to No.4 are without consent of SEBI launched the IPO
and committed an offence. They are causing financial loss to the country.
The SEBI has provided information in RTI application that, the
information sought by him is not available with SEBI.
4. Shri Sapan Shrivastava further submits that, he has made
complaint to police, but the police have not taken any action and not
registered the F.I.R. He further submits that, as per law laid down by Apex
Court in case of Lalitakumari, police are bound to register F.I.R. if
information is regarding cognizable offence. He also submits that, he has
reported the complaint to Superior of Police Officer but no action taken.
Hence, he constrained to file the complaint and prayed for issuance of
direction to B.K.C. police station to register F.I.R. by invoking provision of
section 156 (3) of Code of Criminal Procedure.
5. I have gone through the documents filed by complainant. The
SEBI has given answer to the complainant upon the question put by him
-- 1 of 2 --
--2--
CNR NO.MHMM18-0049415-2024 C. C. No.184/MISC/2024
under RTI Act, that, the information sought by complainant is not
available with him.
6. It is to be noted that, in complaint it has not been mentioned,
when actually accused No.1 to No.4 have issued the alleged IPO. On the
said point the complaint made to B.K.C. police dtd.11/05/2023 is also
silent.
7. Further, the complainant has not complied the compliance of
provision of section 154 (3) of the Code of Criminal Procedure by sending
the complaint to Superintendent of Police by post. Even complainant has
not filed his formal affidavit in support of his complaint. In such
circumstances it is not fit case for sending the same for investigation under
section 156 (3) of Code of Criminal Procedure. Hence, prayer to that
effect is rejected. The complaint be put up for recording verification
statement under section 200 of the Code of Criminal Procedure.
Place : Mumbai.
Date: 07/12/2024.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai
Dictated on :- 07/12/2024.
Transcribed on :- 07/12/2024.
Checked on :- 07/12/2024.
Signed on :- 07/12/2024.
SRD
-- 2 of 2 --