New Delhi: Refusing to entertain a plea, which sought direction to the CBI and the ED to initiate action against Congress leaders Priyanka Gandhi Vadra and Milind Deora and Yes Bank co-founder Rana Kapoor for alleged cheating and fraud, the Delhi High Court said the matter should go to lower court.
Dismissing the petition, filed by an NGO alleging that Vadra sold a painting of former PM Rajiv Gandhi to Kapoor for Rs 2 crore even though it was the property of the Congress party, Justice Vibhu Bakhru said, “This court does not consider it apposite to entertain the writ petition."
The court said the trial court concerned, where an FIR is already pending against Kapoor in the Yes Bank scam, will have the jurisdiction to direct the probe and the NGO should approach the lower court.
So far as the plea for lodging FIR against Vadra and Deora is concerned, the NGO has an alternate remedy of filing complaint under section 156(3) of CrPC before the trial court, it said.
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"The Supreme Court in a number of cases has held that it is necessary for a complainant to exhaust all the remedies available to it before approaching the high court. Hence the present petition is dismissed," Justice Bakhru said.
The petitioner NGO, Akhil Bhartiya Shanti Pratishthan, through advocate Rajeev Lochan, sought lodging of FIR against the two Congress leaders and Kapoor for alleged money laundering, cheating, extortion, fraud, and misrepresentation.
The plea alleged that Vadra, in connivance with Deora as partner conspirator, and Kapoor in a pre-planned manner performed an illegal act of money laundering with the intention of cheating and forgery.
It said that this was done and executed in a pre-planned manner for generating black money under the garb of sale of late PM Rajiv Gandhi''s painting made by legendary painter late MF Hussain.
