Patna HC directs DGP to act against builder
PATNA, April 19 -- The Patna High Court directed the Director General of Police (DGP) Vinay Kumar to initiate legal action against the managing director (MD) and director of a building construction company in a case of alleged financial fraud with a flat purchaser.
The bench of Justice Satyavrat Verma, however, allowed the DGP not to appear in person and ordered that the case be put up on May 14.
Earlier, the court had directed the DGP to appear in the case to assist the court in understanding the delay in the accused's arrest, even though two years have elapsed since the rejection of the anticipatory bail application and there is no further order from a superior court.
The case pertains to payment for a flat by an elderly woman, Pooja, who claimed to have invested her lifetime savings in purchasing a house from M/s Shiva Welcon Builder Private Limited in 2012. The agreement stipulated that the flat would be handed over within two and a half years from the agreement date, and the fixed price was Rs.22 lakh, out of which she had paid Rs.21 lakh.
However, she stated that she could not get the flat even after over a decade, nor did the company directors intend to hand over the flat despite receiving nearly full payment. This led to the filing of the FIR and a legal battle after the builders approached the court for anticipatory bail, which was rejected.
"It gives an impression to the court that people with money and power are able to manage things in their favour, but then, Pooja, who is an old ailing lady is running from pillar to post for over 14 years, but till date neither has she got a flat nor has her money been returned," the court observed. An FIR was registered with the Danapur police station on July 16, 2022, based on Pooja's statement against the MD of Shiva Welcon builder Mohammad Khalid Rashid and his wife Amina Rashid, a board member and director of the company under sections 341/323/406/420/467/468/409/471/504/506/34 of the IPC.
Pooja's counsel argued that Khalid's wife has not been arrested, nor is the police making any effort to arrest her despite her anticipatory bail application being rejected by an order dated April 8, 2024 by the HC. "Khalid is also enjoying interim protection granted to him by an order dated July 1, 2025," her counsel pleaded.
On February 10, 2026 the Patna SSP was present in the Court and assured the Court that appropriate action in accordance with the law would be taken in the case against the Director of the Company. "The wife of the petitioner is not a criminal, but still the police is not able to locate her which amply demonstrates the competence of Bihar Police. Whether the Director of the Company is evading arrest or the police for some reason is not arresting, is a question which can be answered by superior authorities," the Pooja's counsel submitted.
After the director of the company Amina Rashid's anticipatory bail was rejected and she did not approach the Supreme Court, the HC order attained finality. "But another director of the company, who is husband of Amina Rashid, has filed anticipatory bail application to drag the matter using his influence demonstrated through police inaction despite the rejection of his wife's anticipatory bail application two years ago," Pooja's counsel submitted....
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