The Allahabad High Court on Sunday declined to provide relief to businessman Rakesh Wadhawan on his petition seeking to dismiss a case of cheating against a real estate company.
"We, after perusing the First Information Report and the rival contentions, are of the view that the contentions raised by the petitioner cannot be examined in this jurisdiction, as First Information Report prima facie discloses commission of cognizable offences. The writ petition lacks merit and is dismissed," a division bench of the Allahabad High Court said.
"However, this order shall not be an impediment for the petitioner to seek anticipatory bail/bail as they may be advised," the Court added.
A government advocate had opposed the submissions on the ground that petitioners themselves admit that their custody has been sought under Warrant-B, which evidently pre-supposes that their names have been surfaced during investigation, thus the involvement of the petitioners cannot be ruled out at this stage.
Rakesh Wadhwan, Executive Chairperson of Housing Development Infrastructure Limited (HDIL) and also a Director in HR Infracity Private Limited and UM Architecture and Contractors Limited, along with Rudra Group, launched a project named Sera Bella/Pavo Real, in which, several victims were allegedly cheated.
A case was registered and a production warrant was issued to the accused Rakesh Wadhawan. He had sought the dismissal of this case before the Allahabad High Court.
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