Rmh General Trading Llc & Ors. Vs Delhi Police Thr… — Writ and Judicial Review | Delhi HC (2025)

Rmh General Trading Llc & Ors. Vs Delhi Police Thr… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

No substantive order passed at this stage; petitioner granted liberty to take appropriate steps in accordance with Sections 173 and 175 of BNSS; concerned authority/Court directed to pass appropriate order uninfluenced by the present petition or the Status Report filed by the State; petitioner free to approach this Court for future grievances.

Issue for consideration

Whether the writ petition seeking criminal action against Respondent Nos. 4, 5 and 6 for allegedly fraudulent inducement into a commercial relationship should be entertained when the petitioner has not taken steps under Section 173(3) or Section 175(3) of the BNSS.

Court's answer

This Court held it not apposite to pass any order in the petition at this stage, since the petitioner had taken no steps under Section 173(3) or Section 175(3) of the BNSS.

Ratio / Principle

The petitioner was granted liberty to take appropriate steps in accordance with Sections 173 and 175 of BNSS.

Key takeaways

As and when steps are taken, the concerned authority/Court is to pass appropriate order without being influenced by the present petition or the Status Report filed by the State.ratio¶18
The petitioner remains at liberty to approach this Court in case any grievance remains in future.ratio¶19

Detailed headnote1 paragraphs

W.P.(CRL) 2501/2022 (High Court of Delhi, Amit Mahajan, J., order dated 15.04.2025): Petitioners (RMH General Trading LLC & Ors.) sought criminal action against Respondent Nos. 4, 5 and 6, alleging they fraudulently entered into a commercial relation with the petitioner in order to defraud; the petitioner's representations had not been looked into by any authority. It was informed on being pointedly asked that no steps had been taken under Section 173(3) or Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Invoking Sakiri Vasu v. State of U.P., (2008) 2 SCC 409, the Court held it not apposite to pass any order at this stage, granted the petitioner liberty to take appropriate steps in accordance with Sections 173 and 175 of BNSS (erstwhile Sections 154 and 156 CrPC, 1973), directed that the concerned authority/Court pass appropriate order without being influenced by the present petition or the State's Status Report, and reserved the petitioner's liberty to approach the Court for future grievances.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 2501/2022

RMH GENERAL TRADING LLC & ORS. .......Petitioners Through: Mr. Ranjeet Singh Chauhan, Adv.

versus

DELHI POLICE THR. ITS COMMISSIONER OF POLICE AND ORS. .......Respondents Through: Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan & Ms. Sanskriti Nimbekar, Advs. SI Parveen Kumar, PSMalviya Nagar Mr. Satya Ranjan Swain, SPC with Mr. Kapil Yadav, GP for R3

CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN

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O R D E R 15.04.2025

The petitioner essentially wants criminal action against Respondent Nos. 4, 5 and 6. It is the case of the petitioner that Respondent Nos. 4, 5 and 6, in order to defraud, fraudulently entered into a commercial relation with the petitioner.

The grievance of the petitioner is that the representations given by the petitioner have not been looked into by any authority.

On being pointedly asked, it is informed that no steps have been taken by the petitioner either under Section 173(3) of

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2025 at 12:07:25

Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’) or Section 175(3) of BNSS.

The Hon’ble Apex Court in the case of Sakiri Vasu v. State of U.P. : (2008) 2 SCC 409 directed that the High Courts, while exercising power under Article 226 of the Constitution of India, should refrain from passing direction in the nature of registration of FIR and the aggrieved party should first be directed to follow the procedure as envisaged under Sections 173 and 175 of the BNSS [ erstwhile Sections 154 and 156 of the Code of Criminal Procedure, 1973].

In view of the above, this Court does not consider it apposite to pass any order in the present petition at this stage.

The petitioner is at liberty to take appropriate steps in accordance with Sections 173 and 175 of BNSS.

As and when any steps are taken, the concerned authority/ Court is directed to pass appropriate order without being influenced by the present petition filed by the petitioner or the Status Report filed by the State before this Court.

Needless to say, the petitioner is at liberty to approach this Court in case any grievance remains in future.

AMIT MAHAJAN, J

APRIL 15, 2025 “SS”

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2025 at 12:07:25