#second chargesheet

[seemabhatnagar]

Freezing of bank account for unconnected entities is legally untenable.

M/s Jermyn Capital LLC Dubai v. Central Bureau of Investigation

Fact:

M/s Jermyn Capital LLC Dubai (#Appellant Company) was Permitted by Securities Exchange Board of India (#SEBI) to buy & sell share & securities in the #Indian Stock Market.

The appellant company had its shares in its account with #ICICI Bank.

However, due to certain litigation the appellant company quit the trading in the Indian Market in 2006.

But appellant company was subjected to 02 #freeze orders under section 102 #Cr PC. (This section empowers police officers to seize any property which gives suspicion for commission of any offence.)

The freeze order for an amount of Rs.42.51 crore was initiated because of the #pending #investigation against Dharmesh Doshi

Against the freeze order the appellant company approached the Apex Court & the #ApexCourt allowed the appellant Company to sell its shares & convert into cash and repatriate the funds with interest but without bank guarantee.

Rs. 42.51 Crore was repatriated.

Issue arose when appellant company was incapacitated by second freeze order for an amount of Rs. 38.52 crores to repatriate.

Aggrieved by the freeze the appellant company again approached the Apex Court.

 The Apex Court gave liberty to the appellant company to approach trial court for release of the said amount.

 The trial court allowed the repatriation of Rs.38.52 Crores subject to the #Bank Guarantee of an equivalent amount.

Aggrieved by the imposition of Bank Guarantee Clause the appellant Company approached High Court.

High Court confirmed the decision of Trial Court.

Against the order of the High Court present Criminal Appeal is filed before Apex Court.

Observation of the Apex Court:

 Imposition of Bank Guarantee clause as due to pending investigation against Dharmesh Doshi, alleged to have been connected with the appellant company.

Record shows that Dharmesh Doshi has been discharged by the trial court, was never an employee/shareholder/director or holding key managerial position in the appellant company.

Dharmesh Doshi & Appellant Company are 02 separate entities.

Freezing order as such not legally tenable when two entities are unconnected.

Neither in the FIR nor in the chargesheet filed against the Dharmesh Doshi, appellant company was named.

Further during hearing CBI informed the Apex Court that no criminal proceedings is pending against the appellant company pertaining the dispute discussed here.

The freeze order against the appellant company’s properties is redundant as the appellant company is not necessary for the conclusion of the investigation.

The purpose of the freeze order, and the bank guarantee in extension of the freeze order, can only be in operation to aid in the investigation against the alleged crime.

Since the investigation against the appellant company has become redundant as such freeze order has also become redundant.

 The operation of the freeze order has been active for a period of 17 years and has caused huge losses to the appellant company.

Decision:

The Division Bench of Hon���ble Mr. Justice Krishna Murari J & Hon’ble Sanjay Kumar J vide their order dt.09.05.2023 set aside the order of the High Court and permitted the appellant company to withdraw the said amount with 4% simple interest from May08, 2006.

Seema Bhatnagar

[mediagraph]

'Shocks Applied To Private Parts': Chargesheet Against Actor In Murder Case

Karnataka Police submitted the chargesheet in the sensational kidnap and murder case of Renukaswamy which has established the role of jailed Kannada superstar Darshan and also detailed the brutal and inhumane torture before his death.

“After being assaulted by Darshan and his gang, Renukaswamy's chest bones were broken. There are a total of 39 injury marks all over his body. There is also a deep cut on the victim's head,” reads the chargesheet.

It added that the gang reportedly used a megger machine, an electrical device used to measure insulation resistance, to deliver electric shocks to Renukaswamy's private parts.

Darshan and his gang used the megger device to damage Renukaswamy's testicle,” the chargesheet says.

Another source said that Renukaswamy endured unheard-of and inhuman torture before being hacked to death.

“After committing the murder, Darshan and the other accused used their influence and money to dispose of the body and attempted to destroy evidence. They also tried to frame other individuals to escape charges,” the chargesheet said.

It said that with the common intention of committing the crime, they destroyed physical, technical, and scientific evidence and attempted to destroy further evidence.

Darshan is named as the second accused in the case, and his legal team is preparing to submit a bail plea. However, police sources said that since he is booked in three new cases related to luxury treatment inside the prison, obtaining bail will not be an easy task.

The police found traces of Renukaswamy's blood on the clothes seized from Darshan. They also retrieved messages sent by his associates during the kidnapping, confinement, torture, murder, and disposal of Renukaswamy's body.

[phoenixx-news]

Atishi Claims BJP Switch Offer, Says These AAP Leaders To Be Arrested Soon

Four more senior leaders of the Aam Aadmi Party (AAP) are set to be arrested over the next two months, Delhi minister Atishi alleged today, accusing the BJP of using central agencies in its attempt to crush AAP. The ruling party, she alleged, plans to arrest her, Delhi minister Saurabh Bharadwaj, AAP MP Raghav Chadha and party MLA Durgesh Pathak.

"The BJP has approached me through someone very close. They have asked me to join the BJP and said this will save my political career. They have threatened that if I don't switch over, ED (Enforcement Directorate) will arrest me within a month," she told the media.

She said the person who approached her on behalf of the BJP had said that the ruling party had "made up its mind on crushing everyone in AAP".

"First, they put everyone in AAP's leadership in jail. Satyendra Jain, Manish Sisodia, Sanjay Singh and now Chief Minister Arvind Kejriwal have been arrested. The BJP's plan is to arrest four more AAP leaders in the next two months. They will arrest me, Saurabh Bharadwaj, Durgesh Pathak and Raghav Chadha," she said.

The BJP, Ms Atishi said, had thought that the party would splinter after Arvind Kejriwal's arrest. "But after the rally in Ramlila Maidan Sunday, the BJP thinks the arrest of four leaders was not enough," she said.

The Delhi minister claimed that she had received information that ED may raid her and her relatives' homes in the coming days. "We are Arvind Kejriwal's soldiers, we won't be cowed down by BJP's threats."

Ms Atishi referred to the ED's submission in court that Mr Kejriwal had said AAP's former communication boss Vijay Nair reported to her and Mr Bharadwaj.

"This information is already in ED's and CBI's chargesheets. It is possible that ED took our names so that they proceed on arresting the second line of AAP leadership," she said.

The BJP described the AAP leader's allegations as "baseless". Party leader RP Singh said, "I too can say that Saurabh Bharadwaj called me up and requested me to protect them from Arvind Kejriwal who wants to put them behind bars and make Sunita Kejriwal the Chief Minister. This is their internal tussle, which is coming out again and again in different forms."

"The truth is that action will be taken against all whose names are involved in the matter. It is clear that the fight for the CM post has begun in AAP. Saurabh Bharadwaj and Atishi are on one side and Sunita Kejriwal and Arvind Kejriwal are on the other," he alleged, according to news agency ANI.

Ms Atishi's allegations and the BJP's counter are the latest in the heated exchanges between AAP and BJP leaders in the wake of Mr Kejriwal's arrest in a money laundering related to Delhi's now-scrapped liquor policy. The Chief Minister has been remanded in judicial custody till April 15 and moved to Delhi's Tihar jail. The ED has said he is not cooperating in the probe.

[blogynewsz]

"Explosive Revelation: Uncovered - 2.5k Shocking Pages Detailing Allegations & Documents in Kotkapura Firing Probe | Chandigarh News"

BATHINDA: After a duration of four months since the filing of its first supplementary chargesheet in the Kotkapura police-firing case, the Punjab Police’s special investigation team (SIT) has now submitted its second supplementary chargesheet in the court of Faridkot ilaqa magistrate. This chargesheet comprises 2,502 pages, bringing the total number of pages across all three chargesheets to over…

[all-about-news24x7]

Police submit chargesheet in SC/ST court over woman suicide

Warangal: A chargesheet was filed on Wednesday before a special SC/ST court here in connection with the suicide of a woman medical postgraduate student earlier in the year, a police officer said. Warangal Police Commissioner A V Ranganath said a 970-page chargesheet was filed in the Warangal Second Additional District and Sessions Judge Cum Special Court for Schedule Castes and Schedule Tribes…

[buglecourier]

After pushing entire family into crime, UP gangster Atiq Ahmed suffers blow with son's death

Atiq’s first interface with the police goes back to 1984 when he was booked for attempting a murder in Prayagraj

LUCKNOW: Gangster-turned-politician Atiq Ahmad, awarded a life term in the Umesh Pal abduction case on March 28, got the biggest blow of his life when his third son, Asad, was killed in a police encounter on Thursday. It is the first personal loss he has suffered in his criminal history spanning four decades.

Police authorities said the murder of Umesh Pal hardly gave any tangible gain to Atiq and his gang. It was only a bid by his henchmen to re-establish fear among the people of Prayagraj. However, the move backfired big time. While Asad, 19, has now been killed, Atiq’s wife Shaista Parveen is still absconding. The third of the couple’s five sons, Asad was a first-year student at a law college.

The couple’s two elder sons -- Ali and Umar -- are jailed in other cases, while two minor ones are housed by the authorities in a shelter home.

Atiq’s first interface with the police goes back to 1984 when he was booked for attempting a murder in Prayagraj.

Five years later, he took the electoral plunge winning his first election as an MLA from Allahabad West, as an Independent in 1989. He retained his seat in the next two Assembly elections as well, also as an Independent.

In 1995, Atiq joined the Samajwadi Party (SP) and came to notice when the guesthouse where the then BSP general secretary Mayawati was staying with her party MLAs was attacked. MLAs and workers of the SP allegedly surrounded the guest-house and went on a rampage, angry over the BSP having broken ties with them.

In 1996, Atiq won from Allahabad West for the fourth time, as an SP candidate. Three years later, he joined Apna Dal, and in 2002, again won the seat. In 2004, he contested from Phulpur Lok Sabha seat on an SP ticket and got elected.

In 2004, in the bypoll held for the Allahabad West seat, after Atiq had moved to the Lok Sabha, BSP candidate Raju Pal defeated his brother Ashraf, fighting on an SP ticket. In January 2005, Raju Pal was gunned down, along with two of his associates, and Atiq was named as an accused along with Ashraf and others. While Atiq now has over 100 cases lodged against him, his brother Ashraf has 52 cases against him and is currently lodged in a Bareilly jail.

With the SP in power in the state at the time, on the Supreme Court’s orders, the case was transferred to the CBI. It filed a chargesheet in 2019 against 10 people.

Subsequently, Atiq got booked for a 2018 incident involving the alleged abduction of a businessman Mohit Jaiswal, who was taken to Deoria district jail, where Atiq was lodged at the time. Jaiswal claimed he was forced to sign documents for property worth Rs 48 crore in favour of his associates.

In the course of his journey into the world of crime and establishing himself as the head of a crime syndicate registered in police records as IS 227, Atiq pushed his entire family into it. His eldest son Mohammad Umar, who is currently lodged in a Lucknow district jail, is a co-accused in the Jaiswal case. His second son, Mohammad Ali Ahmad, is currently in Naini jail for alleged involvement in a case of assault on a property dealer in December 2021.

Apart from the Umesh Pal killing, his wife Shaista Parveen has had at least three other cases registered against her since 2019 under forgery and illegal arms at the Colonelganj police station in Prayagraj. The cases are pending in court, said a police officer.

While on the run, Shaista Parveen moved a local court in Prayagraj saying that the police had “illegally” taken away two of her minor sons – apart from the three named in police cases or in jail – on the evening of February 24 and that she had no information about them. The police later told a local court that the boys had been found in Prayagraj and were admitted to a child protection home.

[daily-media]

Huge BJP Protest Against Arvind Kejriwal Over Delhi Liquor Policy Case

Arvind Kejriwal has refuted allegations that "kickbacks" from the now-scrapped liquor sales policy were used to fund the AAP's election campaign in Goa last year.

New Delhi: The BJP on Saturday organised a huge protest outside the Aam Aadmi Party's offices in Delhi, demanding Chief Minister Arvind Kejriwal's resignation over allegations of corruption linked to the now-scrapped liquor sales policy

BJP workers were seen clashing with the police and trying to breach the barricades put up to control the crowd. Others stood with placards and shouted slogans.

The BJP has targeted the Chief Minister over the recently filed second charge sheet by the Enforcement Directorate and said it proved that he was involved in corruption.

A court on Thursday accepted the supplementary charge sheet against five individuals and seven companies in connection with alleged irregularities in the Delhi excise policy.

The policy was withdrawn last year by the AAP government after a CBI probe was ordered by the capital's Lieutenant Governor VK Saxena, a representative of the BJP-led government at the centre.

The Enforcement Directorate, which investigates financial crimes and also reports to the BJP-led government at the centre, claimed that a part of the alleged ₹ 100 crore "kickbacks" earned from the policy was used in the AAP's campaign for last year's Goa assembly election.

Mr Kejriwal has strongly refuted all charges, and said that the case was "fake" and aimed to help the BJP "topple" governments.

The agency has also claimed that an accused in the alleged scam - Aam Aadmi Party communications in-charge Vijay Nair -- had arranged a FaceTime video call from his phone between Mr Kejriwal and the boss of a liquor firm who has been arrested.

On behalf of AAP leaders, Vijay Nair received ₹ 100 crore as advance for licenses in Delhi liquor policy, the agency has alleged.

Vijay is "his boy," and Mr Kejriwal had apparently told Sameer Mahendru, chief of Indospirits, to "trust him and carry on with him," the ED has claimed in the chargesheet, which has been accessed by NDTV. Mr Kejriwal is not named in the chargesheet as an accused.

AAP sources claimed that there is no truth in the allegations of the Enforcement Directorate and that Sameer Mahendru has told a court that his statement was obtained under duress.

The Enforcement Directorate and the CBI have claimed that irregularities were committed while modifying Delhi's excise policy with connivance and kickbacks from a lobby known as the "South Group".

The group comprised Kavitha of Telangana's ruling Bharat Rashtra Samithi, Magunta Srinivasalu Reddy, an MP from Andhra Pradesh's ruling YSR Congress, and Sarath Reddy of Aurobindo Pharma, the agency has alleged.

Under it, the licence fee was waived or reduced, and undue favours were extended to liquor licence holders, the agencies have claimed.

Delhi's Deputy Chief Minister Manish Sisodia has been named as an accused and questioned in the case. The others accused in the case include then Excise Commissioner Arva Gopi Krishna, Deputy Commissioner Anand Tiwari and Assistant Commissioner Pankaj Bhatnagar.

AAP had claimed that the case, which came up in the run-up to the Gujarat elections, was a diversionary tactic of the BJP, which later swept the polls. Mr Sisodia, after a nine-hour questioning session by the Enforcement Directorate officials, claimed they asked him to quit AAP.

[rnewspost]

2nd Chargesheet Filed Against 3 Suspected Bangladeshi Terrorists

The NIA said the accused also provoked impressionable Muslim youth to launch violent jihad in India. New Delhi: The National Investigation Agency filed its second supplementary charge sheet against three suspected Bangladeshi terrorists of the Jamaat-ul-Mujahideen who had allegedly entered India to “further violent terror activities” of the proscribed organisation, officials said Thursday. The…

[doonitedin]

Delhi Police files second charge sheet in murder case involving Olympian Sushil Kumar

Delhi Police files second charge sheet in murder case involving Olympian Sushil Kumar

Image Source : PTI New Delhi: Olympics medal-winning wrestler Sushil Kumar and his associate Ajay Kumar after they were arrested in connection with the Chhatrasal Stadium brawl that led to the death of a wrestler Delhi Police has informed a court here that it has filed a supplementary charge sheet against the remaining accused in the Chhatrasal Stadium murder case involving Olympic medallist…

[thenetionalnews]

Mumbai Police File Chargesheet Against Rana Couple for Offense Under IPC Section 353

Mumbai Police File Chargesheet Against Rana Couple for Offense Under IPC Section 353

The politician couple is currently out on bail. (Image: PTI/File) The Khar police, probing the case, filed the chargesheet in connection with the second FIR registered against them under Indian Penal Code (IPC) section 353 in the magistrate court in suburban Borivali PTI Mumbai Last Updated:June 08, 2022, 18:47 IST FOLLOW US ON: Mumbai police on Wednesday filed a chargesheet against…

[divyabhashkar]

The ED chargesheet alleges that YES Bank's Rana Kapoor and DHFL's promoters misappropriated ₹ 5050 crore.

The ED chargesheet alleges that YES Bank’s Rana Kapoor and DHFL’s promoters misappropriated ₹ 5050 crore.

New Delhi. The Enforcement Directorate (ED) in its second supplementary (overall third) chargesheet filed in the special court alleges that Yes Bank co-founder Rana Kapoor and Dewan Housing Finance Limited (DHFL) promoters Kapil and Dheeraj Wadhwan were fined Rs. 5,050 crore. Was abused by suspicious transactions and illegal diversions. During the investigation, it was found that Rana Kapoor had…

[rnewspost]

Delhi liquor policy case: ED's second chargesheet likely by Jan 5, may include politicians' names

Delhi liquor policy case: ED’s second chargesheet likely by Jan 5, may include politicians’ names

The ED is likely to file its supplementary chargesheet in the Delhi liquor policy case by January 5 and it may include the names of politicians this time, sources said. New Delhi,UPDATED: Jan 2, 2023 16:13 IST The ED is likely to file its second chargesheet in the Delhi liquor policy case by January 5. (File photo) By Aneesha Mathur: The Enforcement Directorate (ED) has told a Delhi court that…

[jknewsinfo]

PULWAMA Second JeM terrorist killed in encounter identified as Sameer Dar of 2019 Pulwama terror attack PULWAMA: The second Jaish-e-Mohammad (JeM) terrorist killed in an encounter in Jammu and Kashmir's Pulwama district on Saturday has been identified as Sameer Dar, who was also involved in the 2019 Pulwama terror attack. Earlier today, of the two Jaish-e-Mohammed terrorists who were gunned down in an encounter in Pulwama, one was identified as Mohd Ismal Alvi alias Lamboo, who was involved in the 2019 Pulwama attack. IGP Kashmir Vijay Kumar informed that out of the 19 accused in the NIA chargesheet, 8 terrorists have been killed. "#EncounterUpdate: Second killed #terrorist has been identified as Sameer Dar ( A+ category) of Pulwama. He was also involved in #LethporaTerrorAttack and figured in NIA's chargesheet. Out of 19 accused, 08 #terrorists have been killed so far: IGP Kashmir @JmuKmrPolice," Kashmir Zone Police tweeted. Earlier today, security forces gunned down two terrorists during an encounter at Hangalmarg in the Dachigam forest area and recovered AK and M4 rifles from their possession, police said. https://www.instagram.com/p/CR_8bvZBoYc/?utm_medium=tumblr

[divyabhashkar]

Rana Kapoor: Yes Bank-DHFL Case: Rana Kapoor, Rs. Money laundering of Rs 5,050 crore, ED says

Rana Kapoor: Yes Bank-DHFL Case: Rana Kapoor, Rs. Money laundering of Rs 5,050 crore, ED says

Mumbai: Enforcement Directorate (ED) alleges that Yes Bank co-founder Rana Kapoor And Dewan Housing Finance Limited (DHFL) promoters Kapil And Be patient Through suspicious transactions, Rs. Embezzled Rs 5,050 crore. The ED said this in its second supplementary (third overall) chargesheet recently filed in a special court here against Rana Kapoor, his family, Wadhwan and others in a money…

[kimskashmir]

Court rejects PDP leader Waheed Parra's bail application

SRINAGAR — A special court here Thursday rejected the bail plea of PDP leader Waheed Parra, the second time in five months, and decided to hear Friday arguments on the chargesheet filed against him, officials said. Parra is considered a close aide of former Jammu and Kashmir chief minister Mehbooba Mufti. The in-camera proceedings had been hearing the arguments of defence and prosecution over the…