Bauan Mukhiya and Pawan Kumar Mandal and Bhola Raut and Mohan Jha and Ram Mahto and Santosh Kumar Mishra and Md. Ansar Ahmad V. The Union Of India through the Home Secretary, Govt. of India and The Secretary, Ministry of Finance Department, Govt. of India and The Inspector General, Central Bureau of Investigation and The Director, Central Bureau of Investigation and The Director, Enforcement Directorate and The Director Investigation Income Tax Patna, Bihar and The State of Bihar through Principal Secretary, Home Department and The Director General of Police, Govt. of Bihar, Patna and The Director Vigilance, Govt. of Bihar, Patna

CWJC/3858/2017

AI Insights

The case involves a writ petition filed by several petitioners against multiple respondents, including the Union of India and various investigative and law enforcement agencies, seeking an investigation into the misconduct of Sunshine Global Agro Ltd. The petitioners alleged that the company had engaged in illegal activities affecting poor investors in Bihar, including the misappropriation of deposited funds. During the proceedings, the petitioners' counsel decided not to press the writ petition but requested the court to grant liberty to pursue other legal remedies. The court granted this request and dismissed the petition accordingly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 701001 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 11-04-2023
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K N SINGH; MANOJ SINGH; ANKIT SINGH; V N P SINHA; VIJAY ANAND; ARCHANA SINHA
• Assessee Lawyers: GAGAN YADAV; UDESHYA YADAV
• Keywords: Financial misconduct; Investigation; Legal action; Misconduct; Writ petition

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3858 of 2017 ====================================================== 1. Bauan Mukhiya son of Shri Kant Mukhiya, Resident of Village- Lalganj, P.O.- Lohna West, P.S.- Bhairab Sthan, District- Madhubani. 2. Pawan Kumar Mandal, son of Late Baldev Mandal, 3. Bhola Raut, son of Late Ram Sharan Raut, 4. Mohan Jha, son of Kawk Kant, 5. Ram Mahto, son of Prem Mahto, no.2 to 5 are resident of Village and P.O.- Sarisabpahi, P.S.- Pandaul, District- Madhubani. 6. Santosh Kumar Mishra, son of Satyadev Mishra, resident of Village- Lalganj, P.S.- Bhairabsthan, District- Madhubani. 7. Md. Ansar Ahmad, son of Abdul Khalique, Resident of Village and P.O.- Nuriya, P.S. ................., District- Darbhanga. ... ... Petitioner/s Versus 1. The Union Of India through the Home Secretary, Govt. of India 2. The Secretary, Ministry of Finance Department, Govt. of India, North Block P.O. and P.S. North Bloc 3. The Inspector General, Central Bureau of Investigation, Lodhi Road, P.O. and P.S.- Lodhi Road, Dist 4. The Director, Central Bureau of Investigation, Lodhi Road, P.O. and P.S.- Lodhi Road, District- New 5. The Director, Enforcement Directorate, Shivaji Park, Lodhi Road, Distt- New Delhi. 6. The Director Investigation Income Tax Patna, Bihar. 7. The State of Bihar through Principal Secretary, Home Department. 8. The Director General of Police, Govt. of Bihar, Patna. 9. The Director Vigilance, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav, Adv. Mr. Udeshya Kumar Yadav, Adv. For the UOI : Mr. K.N.Singh, ASG Mr. Manoj Kumar Singh, ED Mr. Ankit Kumar Singh, For the EOU : Mr. V. N.P.Sinha, Adv. Mr. Vijay Anand, Adv. For the Respondents : Mrs. Archana Sinha, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER Patna High Court CWJC No.3858 of 2017(2) dt.11-04-2023 2/3 2 11-04-2023 The present writ petition has been filed seeking the following relief:- “1. That this application for issuance of an appropriate writ (s) order (s) direction (s) for directing the respondent authorities especially Respondent no. 3,4,6,8 and 9 to Properly investigate and inquire the misdeeds and misconduct of sunshine Global Agro Ltd. by landing over the matter to the respondent no. 3,4,6,8 and 9 for comprehensive, details and complete appropriate investigation is the interest of petitioners as well as poor investors who have been deposited their money as well poor investors of the locality and the respondents further be directed to take legal and appropriate Action against the managing director and general manager of the above said company for refunding the deposited amount of petitioners including the interest @ 16% Per annum as the Petitioners have no specific remedy against such a big company which has branches in all over India and his might has caused complete chaos and illegality in state of Bihar with the hand of not only district police officials but also the members of the community who have provided shelter in achieving their goal in escaping from the clutches of law and to grant ant other relief (s) for which petitioners may found entitled to.” Patna High Court CWJC No.3858 of 2017(2) dt.11-04-2023 3/3 After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted. The writ petition stands dismissed as not pressed. Ajay/- (Mohit Kumar Shah, J) U "