Court rejects plea against Amar Singh

KANPUR: In a major relief to Amar Singh, the sessions court on Thursday accepted the final report submitted by the prosecution on January 8 in the Rs 500 crore embezzlement case and rejected the protest petition filed by the complainant.
The additional district and sessions judge (second) observed in his order that the complainant, Shivakant Tripathi, had stated in an affidavit filed on December 19, 2013 that on the advice of his legal experts, he was not pressing the protest petition filed by him on November 5, 2012.Since Tripathi was not pressing the protest petition, it should be rejected.
Tripathi had filed an FIR with Babupurwa police against Rajya Sabha MP Amar Singh and others, accusing them of swindling funds worth Rs 500 crore from 168 companies in which Amar Singh had large stakes. The 1,500-page annexure had names of Amitabh Bachchan, Amar Singh's wife Pankaja Kumari Singh, former governor TN Chaturvedi and Noida-based industrialist Ashok Kumar Chaturvedi as directors of various companies. After coming to power, the Mayawati government had transferred the case to the Economic Offences Wing (EOW).
In the FIR, the complainant had alleged that Amar Singh had floated eight companies in which 168 small companies were merged. The merger was allegedly aimed at siphoning off Rs 500 crores of black money that Amar Singh had acquired by misusing his position as chairman of the Uttar Pradesh Development Council between 2003 and 2007. Tripathi had also alleged that while contesting the Rajya Sabha elections, Amar Singh had declared his assets worth Rs 32 crore. After being appointed the chairman of UP Development Council he declared assets worth Rs 500 crore.
Initially, the UP Police had shifted the burden on Kolkata Police, stating that many of the companies mentioned in the complaint had registered office in West Bengal. However, the Kolkata police rejected the plea, stating that allegations mentioned in the case originated in UP. Later, the Babupuwa police was directed to investigate the case. The BSP government also engaged the EOW.
Amar Singh had filed a petition in the Allahabad High Court and sought direction to quash proceedings against him. He claimed that since the ED had found the allegations baseless, all proceedings should be quashed.
On October 12, 2012, the high court rejected his plea and ordered a probe by a state agency. The Samajwadi Party, in compliance with the court order, directed the EOW to transfer the case to Babupurwa police on October 28, 2012. Five days later, Babupurwa CO Pavitra Mohan Tripathi submitted closure report in the court.
In his report, the CO had mentioned that there was no evidence against the alleged accused, hence the case was being closed and a final report was being submitted before the court for approval.
Complainant Shivakant Tripathi filed a protest petition and objections against the final report in the first week of November, 2012.
Meanwhile, the state government also jumped into the matter and sought withdrawal report through the district administration. On May 20, 2013, Shivakant Tripathi filed an affidavit before the court and stated that whatever he had submitted in his protest petition dated November 5, 2012, was final and he had nothing to say more.
He once again filed an affidavit on December 19, 2013, and stated that he was not pressing his protest petition. The judge admitted the affidavit and rejected the protest petition and also admitted the final report in original case presented by the prosecution.