Rakesh Mehra’s Attempt to Quash FIR Through Power of Attorney Declared Unmaintainable; Proceedings Against Him and Daughters to Continue
In a significant ruling, the Uttarakhand High Court has dismissed the petitions filed in relation to an ongoing criminal case involving business transactions with prominent firms "Divya Pharmacy" and "Patanjali Ayurveda Limited." The case revolves around allegations against Rakesh Mehra, a proclaimed offender, and his daughters, Anushka Arora and Madhvi Mehra, for siphoning funds and failing to fulfill business commitments.
The court found that the petition filed by Rakesh Mehra through a power of attorney was not maintainable. Justice Rakesh Thapliyal, presiding over the case, emphasized that an accused proclaimed as an offender must personally invoke the jurisdiction under Section 482 of the Cr.P.C., barring recognized legal disabilities such as insanity or minority.
Rakesh Mehra, who had business engagements with the aforementioned firms from 2007 to 2018, allegedly failed to supply goods despite receiving payments. The subsequent police investigation led to the filing of charges under sections 420 (cheating), 506 (criminal intimidation), and 120B (criminal conspiracy) of the Indian Penal Code. His daughters were also implicated due to suspicious financial transactions post the FIR filing.
Despite Mehra's claim of the dispute being civil and stemming from business dealings, the court ruled that the existence of civil remedies does not negate criminal liability if a cognizable offense is evident. The court noted substantial evidence, including financial transactions that suggested criminal elements, thus warranting the continuation of the trial.
The court further justified the issuance of a lookout circular and the declaration of Mehra as a proclaimed offender, given his evasion of investigation and judicial processes. This decision underscores the judiciary's stance on ensuring that accused individuals cannot bypass legal proceedings through procedural loopholes.
The trial against Mehra and his daughters will proceed, with the court directing the trial court to continue without being influenced by its observations. This judgment reinforces the principle that civil disputes intertwined with criminal elements must be addressed comprehensively within the legal framework.
Bottom line:-
A petition filed under Section 482 Cr.P.C. by a proclaimed offender through a power of attorney holder is not maintainable, as the accused must personally invoke such jurisdiction unless suffering from recognized legal disabilities.
Statutory provision(s):
Section 482 Cr.P.C., Sections 420, 506, 120B IPC, Sections 82, 83 Cr.P.C.
Rakesh Mehra v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2929019
