Shiv Kumar Bhardwaj Vs Union of India & Anr (Delhi High Court)
The petitioner filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking directions to Respondent No. 2 to initiate criminal prosecution against certain companies and their directors for alleged contraventions of provisions of the Companies Act and other legal requirements.
The petition stated that the petitioner had lodged a complaint on 11.01.2024 with the Registrar of Companies through its online portal, bearing SRN No. J00089767, with a copy marked to the Ministry of Corporate Affairs. According to the petitioner, the complaint was duly received, and a reply email was received from the official email address of the Registrar of Companies acknowledging the complaint.
It was further submitted that reminders were sent by the petitioner to the Registrar of Companies through email regarding the complaint against the companies and their directors. However, no communication was received from the Registrar of Companies regarding any personal examination of the petitioner, nor was any prosecution initiated for the alleged contraventions of the Companies Act, 2013, as mentioned in the complaint. On this basis, the petitioner approached the Court seeking directions to compel the Registrar of Companies to initiate criminal prosecution.
