FALSE STATEMENT IN DELHI HIGH COURT BY EOW-DELHI POLICE AND

INTENTIONAL LAPSES TO FAVOUR ACCUSED.

I am reproducing some of the false/ contradicting statements made by EOW-Delhi Police

in Status Report to Delhi High Court.

1. Page-2 of Status report, line 2-3- Complainant also gave details of some payments made
by him from time to time towards purchase of shares.

Page-8, In response to our request the NSE informed vide letter No

NSE/IG/08558/GM/02200300027 dt 13.11.04-------- He did not furnish proof of
payments.

Above two statements are contradicting, What action has been taken against NSE
officials for false information to police, as I have evidence that I provided NSE with
details of payments.

2. Page-2 Last Para :- He could not tell how many shares were purchased by him out of
amount of Rs 5.65 lacs and how many shares were sold as the broker has not given him
computerised statement. FALSE STATEMENT, I HAD SENT STATEMENT THROUGH
MESSENGER, WHICH WAS NOT ACCEPTED BY INSPECTOR MR DHANVIR DUT,
INSTEAD HE ABUSED MESSENGER, AND THIS FACT WAS BROUGHT INTO
NOTICE OF ACP/DCP-EOW. THESE DOCUMENTS WERE SENT BY POST.

3. Page-3 2nd -- he is client of M/S Sunglow.

Please give me copy of evidence based on which EOW-Delhi Police concluded that Mr
Anil Thukral was “client” of M/S Sunglow.

4. Para-3 line 9, Mr Kapoor suffered losses during first 3/4 months.

Page-4 Statement of Mr B.R.Arora , It was May/June 2002 that all of sudden Mr Kapoor
suffered losses.

These above two statements are contradicting, Mr Anil Thukral says Mr Kapoor suffered
loses in first 3-4 months, it means during March-2001 to June/July-2001, whereas Mr
B.R.Arora says, Mr Kapoor suffered loses in May/June 2002.

Please provide me copy of evidence given by Mr Anil Thukral and Mr B.R. Arora that I
suffered loses as stated by them.

Please also provide me name and designation of officers who were supposed to investigate
and ensure that statement of accused is correct or not and to favour the accused
intentionally ignored directions of law to injure me and favour accused.

5. Page-5 Para-2 Mr S.K.Kapoor during further examination------ However he opted for

trading through I.D. of Mr Anil Thukral.

I have alleged that this statement has been fabricated by concerned police persons to favour
accused as such please provide me copy of the statement.
Page-6 The complainant admitted that earlier he had client IDs with three brokers and was
also having four d-mat accounts.

He voluntary agreed to trade through client ID of Mr Anil Thukral.

This is false statement, DID ALL PERSONS, WHO WERE DEALING WITH M/S
SUNGLOW VOLUNTEERED TO TRADE IN ID OF MR ANIL THUKRAL?

DID IOs INVESTIGATED AND CHECKED WHETHER ANY DEAL IS IN NAME OF

MR ANIL THUKRAL?
Please give me name and designation of officers, who were to investigate, supervise
investigations to conclude that all persons who were having shares transactions thru Mr
Anil Thukral had voluntaries to trade in ID of Mr Anil Thukral.

Please provide me with copy of statement of persons, based on which Police persons of
EOW concluded that all persons for which Mr Anil Thukral was dealing had voluntary
agreed to trade in ID of Mr Anil Thukral.

6. Page-6 The complainant has stated that the alleged persons used to pay him less amount
than the rate at which the bid was struck, but there is no evidence to prove fact.

Who has to investigate and collect evidence, Police or complainant?

Why transactions statement of NSE computer terminal were not seized and compared with
hand written statements provided by accused?

Did in case of complaint of Mr Roy Chaudhry, Mr Roy Chowdhry provided evidence or

evidence was collected by Police?

Crime committed by Investigating agency U/s 167, 217 IPC..

7. Page-7 There is no evidence on records to show that complainant has been induced by
alleged persons for trading with them in illicit manner

The statement of Mr Anil Thukral and Mr B.R.Arora is sufficient.

Please provide me copy of document in other similar cases, which were provided by
complainant to prove that accused induced them.

Is circumstantial evidence not sufficient?

8. Page-7 Para-2, accordingly, the complaint of Shri S.K.Kapoor was referred to NSE to
ascertain as to whether any fraudulent means were adopted or otherwise.

Please provide me with copy of letter with enclosures sent to NSE and SEBI asking them
to ascertain as to whether any fraudulent means have been adopted as otherwise.

Is this work of NSE/SEBI or Police.

9. Page-8, allegations of complainant are not supported by documentary evidence.

False statement, all documents required as per law were provided, rest police had to seize
from accused, which police to favour accused intentionally did not do.

10. Page-8 Further Ld APP has expressed that if the NSE finds any thing to be dealt with
by the police, then NSE may make complaint in this regards. Ld Sr Prosecutor and Chief
Public Prosecutor have also concerned with the opinion of Ld APP.

APP has no role to play in complaints and registering FIR, Police cannot be judge. There is
every possibility of unfair practices being adopted by Police/APP to favour accused. WHY
NSE SHOULD MAKE COMPLAINT? UNDER WHICH LAW?
WHO IS TO DECIDE, WHETHER ANY CRIMINAL ACT HAS BEEN COMMITTED
OR NOT, POLICE OR COURT OR NSE?

11. Page-8, In response to our request the NSE informed vide letter No
NSE/IG/08558/GM/02200300027 dt 13.11.04 that they had conducted enquiry into
complaint of Sh S.K.Kapoor who has also made separate complaint dt 21.08.03. It has
been mentioned that the complainant was requested to furnish documentary evidence of
transactions executed, contract notes/ sale purchase notes, bills, statement of accounts,
certificate from bankers giving details of cheqes/payorder nos, however complainant
provided copies of transaction, statements showing transfer of securities from four
different accounts to trading member account. He did not furnish proof of payments.

The trading member informed that complainant is not and not traded through them.

FALSE STATEMENT MADE BY NSE, AT. Page-2 of Status report, line 2-3-
Complainant also gave details of some payments made by him from time to time towards
purchase of shares.

He also stated that complainant failed to furnish any proof of transactions with Anil
Thukral.

STATEMENT OF MR ANIL THUKRAL & MR B.R.ARORA IGNORED.

12. The NSE vide letter dt 29.05.04 informed the complainant that disputes/ matters
arising out of trades executed on exchange through a trading member/registered sub-broker
of trading member are taken up for rederssal. On perusal of complaint and then trading
member’s replies, it appeared that he had dealt with Mr. B.R.Arora/ Mr Anil Thukral, who
are neither trading member nor a registered sub-broker of a trading member of the
exchange. The complainant was informed about their inability to intervene in the matter.
The NSE did not inform about commissioning of any cognizable offence in the
matter.

PLEASE GIVE THE COPY OF LETTER BY WHICH DELHI POLICE ASKED

NSE TO INVESTIGATE WHETHER ANY COGNIZABLE OFFENCE HAS BEEN
COMMITTED.
IS INVESTIGATION IS TO BE CARRIED OUT BY NSE OR DELHI POLICE?
PLEASE GIVE ME COPY OF THE REPORT OF NSE AND TO POINT OUT
FALSE STATEMENTS MADE BY THEM