Sher Mohammad and Others Vs Union of India and… — Cheating and Forgery | Punjab & Haryana HC (2025)

Sher Mohammad and Others Vs Union of India and… — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether a mandamus should issue directing the respondents to consider the petitioners' representation dated 27.01.2025 (Annexure P-11) regarding large-scale bungling/fraud in amounts kept as fixed deposits and monthly schemes of various investors routed through the petitioners, and whether action has been taken against the accused persons / FIRs registered for duping gullible depositors.

Court's answer

In view of the specific information provided to the Court (registration of five FIRs and initiation of winding-up proceedings of the Society), learned counsel for the petitioners submitted that his grievance had been redressed and he did not wish to press the instant petition.

Ratio / Principle

Consequently, the instant writ petition was disposed of, being not pressed.

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (Kuldeep Tiwari, J., oral) — CWP-5400-2025, decided 24.03.2025. Petitioners (who stated they were not themselves victims of the fraud) sought a mandamus under Articles 226/227 compelling the respondents to consider their representation dated 27.01.2025 (Annexure P-11) alleging large-scale bungling/fraud in monies kept as fixed deposits and monthly schemes of various investors routed through the petitioners — an alleged 'illegal bank'. Without issuing notice, the Court (order dated 27.02.2025) had called for a State response on action against the accused and on FIR registration. State counsel thereupon reported five FIRs — No.449 (12.11.2024, PS Tehsil Camp, Panipat), No.703 (17.12.2024, PS Sadar, Thanesar), and Nos.40, 114 and 134 (all 27.02.2025, PS Sanouli, Sector 29 and Chandani Bagh, Panipat) — invoking ss.420, 406, 408, 120B IPC; ss.316(2), 318(4), 61(2) BNS; ss.25, 21, 23 BUDS Act 2019; and s.3 Haryana Protection of Interest of Depositors in Financial Establishment(s) Act 2013. The Central Registrar of Cooperative Societies (Respondent No.2) had also initiated winding-up of the Society under the Multi-State Cooperative Societies Act, 2002 vide order dated 27.02.2025. Counsel for the petitioners then submitted his grievance stood redressed; the writ petition was disposed of as not pressed.

CWP-5400-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(116) CWP-5400-2025 Date of Decision : 24.03.2025

Sher Moha m mad and others …Petitioners

Versu s

Union of In d ia and others ...Respondents

CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI

Present: Mr. Manish Deswal, Advocate for the petitioners.

Mr. Bhupender Singh, DAG, H aryana for respondent No.1.

KULDEEP TIWARI , J.(ORAL)

Through the instant petition, c ast under Articles 226/227 of t he Constitutio n of India, a prayer is made for issuance of a mandamus, direct i ng the respo n dents, to consider the r e presentation dated 27.01.2 0 25 (Annexure P -11), submitted by the petitio n ers, into the matter of committ i ng large scale bungling, fraud of keeping the huge amount in the shape of F D, monthly sc h eme of the various investors th r ough the petitioners. 2. Though the petitioners are n ot the victim of any fraud, as mentioned i n the instant petition. However, learned counsel for the petitioners submits tha t since the fraud has happened w ith the public, action is require d to be taken ag a inst the accused persons.

This Court, vide order dated 2 7 .02.2025, without issuing notic e in the instant p etition, had directed the learned counsel for the State, to fil e a MANPREET SINGH 2025.03.28 18:18I attest to the accuracy andspecific res p onse, as to whether, for runni n g an illegal bank, any action h as authenticity of this order/judgment

CWP-5400-2025 2

been taken against the accused persons, a n d also whether, any FIR has b e en registered fo r duping the gullible people o f the State of Haryana, who m ay have depos i ted the amount with the so calle d bank. 4. In deference to the directions (supra), today learned counsel for the State, o n instructions imparted to him f r om the quarter concerned, info r ms this Court, t hat the following FIRs have been registered :-

“(i) FIR No. 449 dated 1 2.11.2024 at Police Station Te h sil Camp, Panipat under s ection 420 IPC and section 25 Banning of Unregulated Deposit Schemes Act, 2019. (ii) FIR No. 703 dated 17.12.2024 at Police Station Sa d ar, Thanesar under sectio n 316 (2), 318 (4), 61 (2) B N S, section 3 of the Ha r yana Protection of Interest of Depositors in Financi a l Establishment Act, 2013 a nd section 21,23 of Bannin g of Unregulated Deposit Sche m es Act, 2019.

(iii) FIR No. 40 dat e d 27.02.2025 at Police Stat i on Sanouli, Panipat unde r Sections 406, 408, 420 of I P C, Sections 21 and 23 of t h e BUDS Act, 2019, and Sectio n 3 of the Haryana Protection of Interest of Depositors in Financial Establishment s Act, 2013. (iv) FIR No. 114 dated 2 7.02.2025 at Police Station Sector 29, Panipat under Sect i ons 406, 408, 420, 120B of I P C, Sections 21 and 23 of t h e BUDS Act, 2019, and Sectio n 3 of the Haryana Protection of Interest of Depositors in Financial Establishment s Act, 2013. (v) FIR No. 134 dat e d 27.02.2025 at Police Stat i on Chandani Bagh, Panip a t under Sections 406, 408, 4 2 0, 120B of IPC, Sections 2 1 and 23 of the BUDS Act, 20 1 9, and Section 3 of the H aryana Protection of Interest of Depositors in Financial E stablishments Act, 2013.”

Learned counsel for the Stat e , further submits that the Cen t ral MANPREET SINGH2025.03.28 18:18 Registrar o f Cooperative Societies, Minist r y of Cooperation, Government of I attest to the accuracy and authenticity of this order/judgment

CWP-5400-2025 3

India (Respondent No.2), has taken cogniz a nce of the matter and initiated t he winding-up proceedings of the Society, vid e order dated 27.02.2025, under t he provisions o f Multi-State Cooperative So c ieties Act, 2002 and Rules m a de thereunder.

In view of the specific informa t ion provided to this Court, lear n ed counsel for the petitioner, at this stage, s u bmits that his grievance has b e en redressed a n d he does not wish to press the i nstant petition.

Consequently, the instant writ petition is disposed of, being not

pressed .

(KULDEEP TIWARI) JUDGE

March 24, 2 025 Manpreet

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

MANPREET SINGH 2025.03.28 18:18 I attest to the accuracy and authenticity of this order/judgment