Crl. Misc. No.26838 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.26838 of 2009 (O&M) Decided on : 30-08-2011 Sameer Saggar ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Amit Jhanji, Advocate for the petitioner Mr. Sandeep Mann, Sr. DAG, Haryana Mr. Vineet Sehgal, Advocate MAHESH GROVER, J This is a petition under Section 482 Cr.P.C which has been preferred by one Sameer Saggar whose father Sh. Deepak Rai Saggar has gone missing since 1.6.2009. He suspects that his father has been abducted by his business associates and that he has provided sufficient names to the investigating agency and also offered sufficient reasons for his suspicion about the commission of the offence and the complicity of the business associates of his father. All this material has been specified by him even in this petition and for the sake of bravity and reference the same are extracted herebelow:- (i)That the petitioner is 28 years old and is running his business of real estate only for project lands. The family of the petitioner was basically residents of Ludhiana where the father of the petitioner was in the business of hosiery and in the year 1988 his family shifted to Panchkula due to disturbances in Punjab. The father of the petitioner started Crl. Misc. No.26838 of 2009 (O&M) 2 his business in real estate under the name and style of M/s Deepak Estates and concentrated only with regard to the project lands. (ii)That in the year 1999 Vinay (one of the accused in the FIR) who was running a printing press in Panchkula visited the office of father of the petitioner for marketing of his business of printing press. With the passage of time father of the petitioner developed friendly relations with Vinay. However, the role of Sh. Vinay leading to the kidnapping of father of the petitioner is very crucial and critical in conspiracy with other accused named in the FIR. (iii)That in the year 2004 the father of the petitioner was approached by one Sh. Rajesh Thapar and Brijesh Kapoor, Partners/ Directors of M/s City Linkers Infrastructures, New Delhi a company which was also functioning in acquisition of land. The father of the petitioner had his first dealing with the above said two accused persons with regard to 26 acres of land in Sector 2, Mansa Devi Complex, Panchkula Haryana a piece of land belonging to Tribune Friends and Employees Cooperative Group Housing Society. In the year 2005 a MOU was signed with M/s Hirman Fins and the Tribune and in the said deal the father of the petitioner also received his commission of Rs.50 lacs through cheque. (iv)That in the year 2005 the father of the petitioner floated his company in the name and style of Himpro Infrastructure Pvt. Ltd. under the Companies Act and the certificate of Crl. Misc. No.26838 of 2009 (O&M) 3 incorporation was also issued by Registrar of Companies dated 23.6.2005. It is pertinent to mention that in the said company there were only two Directors one being the father of the petitioner and the other being Uday Ram, a close friend of father of the petitioner, having its registered office at Old Exchange, Rohtang Road, Manali, District Kullu. Both the Directors were having 50% share holding each. (v)That in the year 2005 accused Rajesh Thapar and Brijesh Kapoor of M/s City Linkers Infrastructures approached the father of the petitioner for acquiring 70 acres of land in Rajpura for one of the builders of Delhi. The said land was acquired by the company of the father of the petitioner, however, the said land was bought back by the company of the father of the petitioner and M/s City Linkers in the year 2007. The father of the petitioner started selling the land in Rajpura and during the said time itself accused Rajesh Thapar and Brijesh Kapoor informed the father of the petitioner about floating of a new company under the name and style of M/s Omega Buildcom Ltd. having its office at 6101 DLF, Phase 4 Gurgaon. The father of the petitioner was informed that the company was acquiring 1500 acres of land in Maha Mumbai and the above two accused persons also asked the father of the petitioner to invest money in Maha Mumbai. With the passage of time the father of the petitioner invested an amount of over Rs. 7 crores through M/s Omega Buildcom and the father of the petitioner was to Crl. Misc. No.26838 of 2009 (O&M) 4 get his share of around 200 acres of land. It is pertinent to mention here that the father of the petitioner had also given a cash loan of Rs. 1.25 crores to the above said two accused persons. Further the father of the petitioner had also transferred his agricultural land measuring 2.5 acres on Zirakpur Rajpura road next to Chitkara College as M/s Omega Buildcom was finding difficulty in acquiring land in Maha Mumbai not being owners of agricultural land. The father of the petitioner had transferred the above said agricultural land in their favour without any consideration so that they are able to get the agricultural certificate helping them in acquiring the land in Maha Mumbai. On one occasion the father of the petitioner had also stood gurantor for Rajesh Thapar and Brijesh Kapoor as they had taken a loan of Rs. 60 lacs from a landlord in Rajpura and it was only after much difficulty that they returned the said amount to the landlord. It was also made clear to the father of the petitioner that the share of M/s Himpro Infrastructure would be around 200 acres. The petitioner places on record a photcopy of the details of the land being purchased in Maha Mumbai as Annexure P-1. (vi)That M/s Himpro Infrastructure had their own Chartered Accountant. However, the income tax returns of M/s Himpo Infrastructure was repeatedly coming under scrutiny and the father of the petitioner fearing the income tax raid had also retained/shifted all his files of investments and other Crl. Misc. No.26838 of 2009 (O&M) 5 property details in the house of accused Vinay. Even the documents pertaining to the investment made by the father of the petitioner with M/s Omega Buildcom were kept in the house of Vinay and it is due to this fact that Vinay colluded with accused Brijesh Kapoor and Rajesh Thapar in kidnapping the father of the petitioner and also removing all the files of the father of the petitioner from his residence and handing them over to the above said two accused persons. (vii)That during the course of time accused Rajesh Thapar and Brijesh Kapoor made the father of the petitioner believe that they were his close friends and well-wishers and suggested him that he should change his chartered accountant and further persuaded him to retain their chartered accountant namely S. Rajeev Gupta of M/s Rajeev Kirti & Co. of Delhi as his chartered accountant for M/s Himpro Infrastructure Pvt. Ltd. The said CA also in collusion with the accused persons of M/s City Linkers Infrastructure initially suggested the father of the petitioner to introduce other share holders in his company so as to save them from any income tax liabilities. It is pertinent to mention here that on the asking and persuasion of accused Rajesh Thapar and Brijesh Kapoor the father of the petitioner agreed to introduce both Raj and Nikhil both peon level employees of M/s City Linkers Infrastructures as 2% each share holder in M/s Himpro Infrastructure Pvt. Ltd. The father of the petitioner only subsequently came to know that the chartered accountant in Crl. Misc. No.26838 of 2009 (O&M) 6 collusion with the above said persons had sent documents to ROC while showing them as share holders of 26% shares each. (viii)That the chartered accountant of M/s City Linkers filed Balance sheet of M/s Himpro Infrastructure on 20.4.2008 and subsequently on 25.4.2008 while using digital signatures of the father of the petitioner introduced wives of accused Rajesh Thapar and Brijesh Kapoor as Directors in the company without any investment being made by them. It is further pertinent to mention that the name of Sh. Uday Ram as Director of M/s Himpro Infrastructure was also removed and his share holding was also transferred in the name of wives of the above said two accused persons. It is pertinent to mention that the petitioner has only now come to know that all the above said accused persons in conspiracy with each other transferred all the share holding of the father of the petitioner as well in their own name and the present status of share holding of M/s Himpro Infrastructure Pvt. Ltd., is as under:- (a) Sh.Deepak Rai Saggar 5% (b) Mrs. Thapar 50% © Mrs. Kapoor 45% (ix) That on 2.5.2009 father of the petitioner visited the office of accused Rajesh Thapar and Brijesh Kapoor in Delhi where a verbal fight also took place as the above said two accused persons refused to return the money of the father of Crl. Misc. No.26838 of 2009 (O&M) 7 the petitioner and also refused to transfer the land in Maha Mumbai in favour of M/s Himpro Infrastructure and father of the petitioner. The above said accused persons refused to return the money and the father of the petitioner clearly informed them about initiating legal action.” Notice of motion was issued in this case and the State of Haryana has filed his reply. During the course of proceedings the efforts made by the police to trace out Deepak Rai Saggar and to unearth conspiracy were highlighted in various affidavits which reflected conducting of polygraph test upon the persons specifically named by the petitioner i.e Rajesh Thapar Brijesh Kapoor and Vinay Kumar. It was stated in the affidavits that the three persons failed in the test conducted upon them. Some affidavits suggested that the police is on the verge of break through. However, no concrete result could be attained in either tracing out the father of the petitioner or unveiling the mystery. Eventually, the affidavit dated 28.3.2011 has been filed by the respondent State which is the last affidavit on record filed by them and is fairly detailed in its contents to demonstrate the efforts made by the State to reach an affirmative conclusion. The contents of the said affidavit are being made part of this order. 1. That the above said petition came up for hearing on 07.03.2011 before this Hon'ble Court and following order was passed:- Learned counsel for the respondents-State is directed to place to record the detailed latest report with regard to efforts made by the investigation agency. Crl. Misc. No.26838 of 2009 (O&M) 8 Adjourned to 30.03.2011. -sd/- Daya Chaudhary Judge. 2. That Sh. Sameer Sagar s/o Sh. Deepak Rai Sagar R/O Ho. No. C-2 Kenderiya Vihar Sector 14 Panchkula submitted an application on 04.06.2009 that his father Sh. Deepak Rai went to his office on 01.06.2009 at Manimajra in his Car Skoda Octiva Car, bearing registration No. HR-03F-9765. When his mother made a call at 7.30 PM his father told that he is going to village Maheshpur in /Sector 21 Panchkula to meet his friend and he was on the way. He remained at the house of Sh. Vinay for 1/1-30 hour and after that he went away. The phone of his father was found switched off at 9.P.M. He expressed apprehension that his father had been kidnapped by some one. On this complaint FIR No. 261 dated 04.06.2009 under Section 365 IPC at Police Station Section 5 Panchkula was registered. On the same day Police Parties were sent to Punjab, UP, Himachal and in Haryana to check the toll plazas for movement of said car and Sh. Deepak Rai. Wireless Messages were also flashed to the control rooms of Punjab Police, Untranchal Police, Delhi Police and Chandigarh Police. Wireless messages were also sent to Ropar, Mohali, Manali, Shimla, Una, Mandi, Baddi and Solan. The call details were obtained. Both the IMEI Numbers belonging to Sh. Deepak Rai Sagar were put on search from time to time. Crl. Misc. No.26838 of 2009 (O&M) 9 3. On 06.06.2009 mobile phone No. 9216738393 of Sh. Vinay Kumar S/o Sh. Rajinder Kumar R/o Ho. No. 26 Village Maheshpur Sector 21, was put on parallel line in the office of the Superintendent of Police, Panchkula because Sh. Deepak Rai was lastly seen with him. The mobile telephones of some other suspicious persons were also put on parallel lines. 4. On 07.06.2009 EHC Ved Parkash who was on telephone duty enquired from the MHC's from all the police stations in Haryana regarding Sh. Deepak Rai and his car, but no information was received. 5. On 08.06.2009 one Upender S/o Boku Shadey R/o Village Durai Hasuliya tehsil and Police Station Sinmri Bukhtiarpur Distt. Sarsa was joined in the investigation on the basis of making a suspicious call on the telephone of complainant. But no use full information was received from him. On the same day police parties were sent to different places with posters of Sh. Deepak Rai Sagar to contact, the SHO's in nearby Police Stations and request them to intimate the Haryana Police if any information is received regarding Sh. Deepak Rai Sagar. 6. On 09.06.2009 one Hare Ram S/o Boku Shadey R/o Village Durai Hasuliya tehsil and Police Station Sinmri Bukhtiarpur Distt. Sarsa (now at Village Prem Khera District Karnal) was called to join investigation on the basis of telephone call on the telephone of complainant. Vinay Kumar S/o Rajinder Kumar was also joined in investigation. Crl. Misc. No.26838 of 2009 (O&M) 10 7. On 12.06.2009 the call details, tower locations and tower Dump were obtained to check the common numbers in the area and to check the activities of Sh.Deepak Rai Sagar. According to tower Dump analysis and last contacts of Sh. Deepak Raj Sagar about 20 persons were called to join investigation, but no useful information was received from them. On 13.06.2009 one Sunish @ Hunny was called to join the investigation. The investigation was in progress from day to day, but no information was received regarding Sh. Deepak Rai Sagar and his Car. 8. On 23.06.2009 the polygraph test was conducted upon Sh. Rajesh Thappar S/o Sh. G.K. Thappar R/o Ho. No. E-831 Chitranjan Park 2nd floor New Delhi. On the same day one Ram Singh was also called to join investigation but no information was received. Polygraph test of Vinay Kumar s/o Sh. Rajinder Kumar was got conducted on 24.06.2009. 9. The report of Polygraph test was received on 01.07.2009. Sh. Rajesh Thappar gave correct answer to five questions out of total of ten questions. But the answers of remaining five questions were found inconclusive. Similarly ten questions were put to Vinay Kumar out of which eight were correctly answered and remaining two was inconclusive. During investigation the Investigation Officer received many calls and all the persons were joined in the investigation, but no useful information was received from any body. 10.In the month of July from 03.07.2009 to 09.07.2009 the Crl. Misc. No.26838 of 2009 (O&M) 11 record of companies owned by Sh. Rajesh Thappar and record of land of Maharastra was obtained from Sh. Rajesh Thappar/ As per Revenue record received from Revenue Department of Maharastra, all land is owned by the companies of Sh. Rajesh Thappar and Sh. Brijesh Kapoor. Sh. Deepak Rai has no land in his name and he is also not having any share in the Companies. The telephone numbers of Sh. Deepak Raj Sagar were again put on search. Lie Detector test of Brijesh S/o Inder Singh R/o Gurgaon, Sat Pal S/o Mahar Chand were got conducted at FSL Madhuban. In the report of polygraph test some questions were found inconclusive of Sh. Brijesh Kapoor and Sh. Satpal Patwari. 11.Since some answers were found inconclusive and complainant also raised suspicion upon Sh. Rajesh Thappar, Sh. Brijesh Kapoor, Sh. Vinay Kumar and Sh. Bodh Raj hence on 20.07.2009 an application was mvoed before the Court of CJM Panchkula for permission to conduct the Nardco Analysis test with brain mapping upon Sh. Rajesh Thappar, Brijesh Kapoor and Vinay Kumar. The application was dismissed by the Court of ld CJM Panchkula on 06.08.2009. The revision petition filed by the police against the order of Ld CJM was dismissed by the Court of Sessions Judge, Panchkula on 07.09.2009. 12.On 08.09.2009 a notice under Section 91 of Cr.P.C. Was sent to all Service centers of Skoda company in India to supply the information if the car of Deepak Rai Sagar is Crl. Misc. No.26838 of 2009 (O&M) 12 brought in their service centre for any kind of service. No information has been received from any Service centre so far. 13.That during investigation Dr. Sayeed Ahmed R/o Malerkotla, Rajeev Gupta Chartered Accountant of Delhi, Ashok Chabra and Anita R/o Ashand Distt Karnal, Sanjay R/o Chandigarh , Riyasat Ali R/o Muradabad, Neeraj Garg R/o Panchkula and Om Uppal R/o Panchkula were joined in the investigation, but no useful information was received from these persons. 14.That on 18.02.2010 an application was submitted call details of Mobile numbers of Sh. Deepak Rai Sagar. 15.That on 20.2.2010 Inspector Kulbhushan Kumar CIA Staff Panchkula enquired from Syam Sunder Monga R/o House No. 694 Sector 4 Panchkula but no information was received from him. 16.That on 21.2.2010 Inspector Kulbhushan Kumar enquired from Rajesh Kumar Thapar R/o H.No. E-831 Chitranjan Park 2nd Floor New Delhi about Deepak Rai Sagar but no information was received from him. 17.That on 24.2.2010 Inspector Kulbhushan Kumar enquired from Joginder Singh R/o House no. 22 M.S.Enclave Dhakoli, Punjab about Deepak Rai Sagar but no information was received from him. Syam Sunder Monga and Sameer Sagar were joined for the Narco Test. 18.That on 26.2.2010 Inspector Kulbhushan collected the Call detail reports of mobile phones of Sameer Sagar and his Crl. Misc. No.26838 of 2009 (O&M) 13 family members from Cyber cell and put on search for locations of mobile numbers. 19.That on 10.3.2010 an application was submitted to cyber cell Panchkula to put the suspected mobile phone numbers on interception. 20.That on 11.3.2010 Inspector Kulbhushan collected the call detail reports of mobile phone no. 9779050504 of Deepak Rai Sagar and saved the same in CD. Mona Chopra R/o H.No. 1924 Sector 21 Panchkula, Aditya Babbar R/o H.No. 1450 Sector 21 Panchkula and Amit Jain SCF no. 59 Sector 6 Panchkula were joined investigation and were interrogated about the disappearance of Deepak Rai Sagar but no useful information was received. 21.That on 13.3.2010 Inspector Kulbhushan enquired from Jitender R/o Malahu Palampur Distt. Kangra (HP) and recorded his statement about the missing person Deepak Rai Sagar but no information was received. 22.That on 16.3.2010 ASI Rishi Pal enquired from Pardeep Goyal SCO 20 Sector 11 Panchkula about missing person Deepak Rai Sagar but no information was received. 23.That on 17.3.2010 Inspector Kulbhushan enquired from Manohar Sharma R/o Maniwala Distt. Kangra (HP) presently Renee Telecommunication Sector 11 Panchkula about missing person Deepak Rai Sagar but no information was received. 24.That on 23.3.2010 Inspector Kulbhushan recorded the Crl. Misc. No.26838 of 2009 (O&M) 14 statement of ASI Gurdial Singh, in-charge Cyber Cell Panchkula. 25.That on 25.3.2010 an application was submitted in the office of Income Tax Sector 2 Panchkula to collect Income Tax notice issued by the income department to Deepak Rai Sagar. 26.That on 26.3.2010 the certified copy of income tax notice was collected from the office of income tax. 27.That on 27.3.2010 Inspector Kulbhushan enquired from Syam sunder Monga R/o H.No. 694 Sector 4 Panchkula and recorded his statement u/s 161 of Cr.P.C. 28.That on 29.3.2010 Inspector Kulbhushan enquired about the outgoing and incoming details of SMS from mobile phone no. 9417461725 from the office of BSNL Sector 49 Chandigarh and also submitted an application to the Tehsildar Derabassi to supply the details of joint property of missing Deepak Rai Sagar and Syam Sunder Monga. 29.That on 30.3.2010 Inspector Kulbhushan collected the certified copy of joint properties of missing Deepak Rai Sagar and Syam Sunder Monga from the office of Tehsildar Derabassi (PB) and also recorded the statement of Rajeev Kumar Registry Clerk in the office of Tehsildar Dearbassi u/s 161 of Cr.P.C. 30.That on 5.6.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Kuldeep Singh @ Cheema Ex. Chairman R/o Pinjore and Sushil Garg R/o Paniwal Parao Kalka about disappearance of Sh. Deepak Rai Sagar but no Crl. Misc. No.26838 of 2009 (O&M) 15 information received from them. 31.That on 15.6.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Rinku @ Rinki Manager Taj Hotel Agra and Sonu Rathore, Manager Deepak Hotel Agra but no useful information was received from them about the missing person Deepak Rai Sagar. 32.That on 19.6.210 Inspector Karambir Singh CIA Staff Panchkula enquired from Sh. Ram Tiwari, Station Master New Delhi Railway Station and Sh. R.K.Sharma Manager, Jai Hotel Dholpur (Rajasthan) but no information was received from them about the missing person Deepak Rai Sagar. 33.That on 24.6.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Mukesh Mittal Shop Keeper main Bazar Baltana Punjab and ASI Mohan Lal Police Station Zirakpur about the missing Deepak Rai Sagar but no information received from them. 34.That on 3.7.2010 Inspector Karambir Singh CIA Staff Panchkula enquired Ram Niwas Sharma, Manager Vikram Hotel Una (HP) ASI Mehardin and Paramjit Singh MHC Police Station Bhawarna District Kangra, but no information received from them about the missing Deepak Rai Sagar. 35.That on 14.7.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Mamta Sagar w/o Deepak Rai Sagar R/o H.No. C-2 Kendriya Vihar Sector 14 Panchkula regarding their residential houses in Nepal. Crl. Misc. No.26838 of 2009 (O&M) 16 36.That on 2.8.2010 Inspector Karambir Singh CIA Staff Panchkula enquired Ram Avtar Thakur R/o Jharnga Dholpur Rajasthan and Munna Sharma owner of Dhaba Sikanderpur Agra (UP) but no information was received about the missing person Deepak Rai Sagar. 37.That on 17.8.2010 Inspector Karambir Singh CIA staff Panchkula enquired from Rajender Jain Ex.MC main Bazar Kalka and Thakur Dass president Canter Union Parwanoo (HP) about the missing of Deepak Rai Sagar but no information received from them. 38.That on 31.8.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Vinod Kumar ex Sarpanch of village Beer Ghagar Distt. Panchkula and ASI Lajja Ram incharge Police Post Kuthar Police Station Kasauli (HP) but no information was received about the disappearance of Deepak Rai Sagar. 39.That on 13.9.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Surender Singh Banti, president youth National Conference Jammu and Sh. Rattan Lal Gupta president National Conference Jammu but no information was received about the disappearance of Deepak Rai Sagar. 40.That on 14.9.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Gautam Bhargav Shop no. 10 MS Enclave opposite Fort Resort Dhakoli Punjab and Sant Ram R/o H.No. 273 Mouli Jagran Panchkula but no information was received about Deepak Rai Sagar. Crl. Misc. No.26838 of 2009 (O&M) 17 41.That on 25.9.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Dhanender Singh Walia R/o Village Fatehpur Sector 20 Panchkula, Jagdish Chander R/o Abheypur Sector 19 Panchkula and Anil Kumar Dube Municipal Commissioner, Mouli Jagran, Chandigarh but no information was received about Deepak Ria Sagar. 42.That on 2.10.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from B.B.Kochar President of market Sector 7, Panchkula and Ram Nath R/o Saini Vihar, Baltana Punjab but no information was received about Deepak Rai Sagar. 43.That on 16.10.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Kuldeep Singh ex Sarpanch Village Budhanpur Sector 16 Panchkula, Dalbir Singh Municipal Commissioner, Rajeev Colony Panchkula and Sub Inspector Gurbachan Singh CIA Staff Kharar Distt. Mohali (Pb) but no information was received about Deepak Rai Sagar. 44.That on 23.10.2010 Inspector Karambir Singh CIA Staff Panchkula enquired from Lakhbir Singh SI/SHO PS Kapurthala Arjun Singh MHC PS Kapurthala and Satnam Rai President Taxi Stand, DMC Chowk, Jalandhar but no information was received about Deepak Rai Sagar. 45.That on