April 8, 2021 10:27:35 am
The director of Shyam Steel Industries, Purushottam Beriwala, and four others, including his daughter and wife, have approached the Punjab and Haryana High Court seeking quashing of an FIR registered against them for theft at a Panchkula house.
The petition argues that Purushottam Beriwala had donated Rs 1 crore to PM’s National Relief fund and therefore it is improbable to believe that a person who had given donation to government, can commit an offence of house stealing.
The bench of Justice Manjari Nehru Kaul has now issued notice to Haryana for June 28, 2021.
The quashing petition has been filed by Purushottam Beriwala, 60, Bina Beriwala (wife), 59, their 36-year-old daughter, Ashok Gupta (relative), 61, all four residents of Kolkata and Ajay Kumar Gupta (relative), 62, resident of New Delhi. The five are facing charges of rioting, voluntary causing hurt, burglary, and trespassing registered at PS Sector 5 Panchkula registered by Amit Goel, son-in-law of Purushottam Beriwala.
Goel has alleged that had the five had forcibly entered his house and stole cash and jewellery from his house.
Advocate Abhinay Goel, counsel for petitioners, contended before HC that the marriage between the complainant husband, Amit Goel, and wife (daughter of Purushottam Beriwala) had been solemnized in December 12, 2014 at Kolkata. Thereafter daughter of Beriwala shifted from her parental house situated in Kolkata to her matrimonial house situated in Panchkula and started residing as husband and wife with the complainant. Following altercations with her husband, Beriwala’s daughter, returned back to her parental house at Kolkata from Panchkula, and gave a complaint against her husband, Amit Goel and her in-laws, for alleged harassment, to Kolkata Police.
Advocate Goel, contended that Amit Goel, in order to save him and his family members from the case at Kolkata, gave a counterblast complaint to the police at Panchkula to create pressure upon his wife and her family so that they would withdraw all their complaints. Thus the FIR dated November 11, 2019 under sections of rioting, burglary, and trespassing registered at PS Sector 5 Panchkula has been registered by Amit Goel as a counter to the FIR registered on January 7, 2019 under Sections 498 A (Husband or relative of husband of a woman subjecting her to cruelty) and 406 (criminal breach of trust) of IPC registered at Police Station Bidhan Nagar East, Kolkata made by his wife.
Advocate Goel further argued that hat allegations levelled in the FIR against the petitioners leave no manner of doubt that due to the strain relations between the parties, a fabricated case has been brought forth against the petitioners, and it is evident that the FIR in question has been filed just to pressurise the petitioners to withdraw the FIR registered against Amit Goel.
The counsel further contended that Purushottam Beriwala, is a director of Shyam Steel Industries which is a renowned company of India. During the emergency of Covid-19 he had given donation of Rs 25 lakh to the West Bengal State Emergency Relief Fund and Rs 1 crore to Prime Minister’s National Relief Fund on in March, 2020. “It is highly improbable to believe that a person who had given donation of Rs 1,25,0000 to the government can commit an offence of house stealing as alleged by the complainant in the present FIR.”, contended Advocate Goel.
The petitioners have pleaded at the HC for staying the proceedings at trial court till the final order of the present case at HC.
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