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The police, however, informed the court that a case of criminal intimidation or of criminal conspiracy cannot be made out against Bina Modi as they have so far found no evidence to conclude that Modi and Lalit Bhasin (an independent director at GPI) threatened Samir Modi.
Also Read: Charu Modi joins board of Godfrey Phillips amidst shareholder fight
The PSO, Surendra Prasad denied in writing to have received any instruction from Bina Modi or Lalit Bhasin, the police said, but added that “the investigation is in progress” and if any other evidence comes on, then charges of criminal intimidation and conspiracy will be added to the case.
Bina Modi and the company board did not respond to a mail on the subject.
Earlier in June, Samir Modi, the younger son of Bina and KK Modi, had lodged an FIR with the Delhi Police, accusing his mother, her personal security officer and Godfrey Phillips directors of causing him “grievous hurt”.
Subsequently, through advocate Vijay Aggarwal, he moved the Saket District Court, seeking monitoring of the investigation, as well as preservation of the CCTV footage and call records of the accused and seizure of their mobile phones.
The status report filed by the Delhi Police is a part of the said proceeding. ET has seen the report.
“In the CCTV footage it has been clearly observed that PSO Surendra Prasad obstructed Samir Modi voluntarily. Further it has been established from the final opinion on MLC that Samir Modi sustained grievous hurt. Hence, U/s 325/341 (case of voluntarily causing grievous hurt) is made out,” the status report said.
“During investigation, PSO Surendra Prasad has interrogated but he denied in writing that he had not received any instruction from Bina Modi or Lalit Bhasin. Further, no evidence is available yet which can prove that Bina Modi and Lalit Bhasin have threatened Samir Modi. Hence, Us 506/120B/34 IPC (criminal intimidation and criminal conspiracy) has not been added yet,” it said.
“However, the investigation is in progress and during the investigation, if any other evidence comes on file, U/s 506/120B/34 IPC will also be added,” the report said.
It said both Bina Modi and Lalit Bhasin in their representation have claimed that the accusation against them is baseless and false. “However, the investigation is going on and all other aspects are being examined,” the report said.
Samir Modi’s counsel, however, argued that how could a mother still continue to employ a PSO who had caused grievous hurt to her son. The motive behind the assault needs to be thoroughly investigated by the police.
Bina and Samir Modi are locked in a bitter succession battle over the distribution of an estimated Rs 11,000-crore inheritance after the death of family patriarch KK Modi in 2019.
Samir Modi, one of the three children of KK Modi and brother of former Indian Premier League boss Lalit Modi, has challenged his mother over her handling of affairs in the Supreme Court.
The inheritance includes the family’s nearly 50% shareholding in listed Godfrey Phillips, worth well over Rs 5,500 crore at the current market price, as well as shares in other Modi group firms in areas such as cosmetics, retail and direct selling.
Samir Modi has accused his mother of not distributing funds as stipulated in a trust deed executed by his father, according to sources familiar with arguments made by his lawyers at the Supreme Court. He has also accused her of taking charge of the company, violating the letter and spirit of the trust deed.
According to him, under the deed, siblings Samir Modi, Lalit Modi and Charu Modi are equal beneficiaries and successors to the companies and assets.
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