Syed Ehsan Ahmad Ajmeri Vs State of NCT of Delhi & Ors. — Cheating and Forgery | Delhi HC (2025)

Syed Ehsan Ahmad Ajmeri Vs State of NCT of Delhi & Ors. — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petitioner permitted to withdraw the petition with leave and liberty to make appropriate representation before the Investigating Officer, in accordance with law, with respect to investigation in FIR No. 10/2025; the substantive prayers (setting aside the MM and Sessions orders and directing registration of an FIR) were not pressed and were not granted.

Issue for consideration

Whether the order dated 22-03-2022 of the learned Metropolitan Magistrate dismissing the petitioner's application under Section 156(3) Cr.P.C. and the order dated 19-01-2023 of the learned Principal District & Sessions Judge dismissing Crl. Revision No. 131/2022 should be set aside, and whether the SHO, P.S. Jamia Nagar should be directed to register an FIR against the accused persons for offences punishable under Sections 120B, 420, 406, 467, 471, 506 r/w 120B IPC. +1 more

Court's answer

Leave and liberty was granted to the petitioner to withdraw the present petition, with liberty to make an appropriate representation before the Investigating Officer, in accordance with law, with respect to the investigation in FIR No. 10/2025.

Ratio / Principle

The present petition was dismissed as withdrawn and disposed of accordingly.

Key takeaways

Pending application(s), if any, also stood disposed of.ratio¶25

Detailed headnote1 paragraphs

CRIMINAL PROCEDURE — Section 482 Cr.P.C. petition seeking setting aside of Metropolitan Magistrate's order dated 22.03.2022 (Ct. Case No. 1923/2021) dismissing petitioner's Section 156(3) Cr.P.C. application and of Principal District & Sessions Judge's order dated 19.01.2023 dismissing Crl. Revision No. 131/2022, with a further prayer directing SHO, P.S. Jamia Nagar to register an FIR for offences punishable under Sections 120B, 420, 406, 467, 471, 506 r/w 120B IPC. During hearing, the State informed that FIR No. 10/2025 under Sections 420/468/471/120B/34 IPC had already been registered at P.S. Jamia Nagar at the petitioner's own instance against respondent nos. 2 to 8 and others, and was under investigation by DIU, South East. The Court observed that the subject matter of the FIR and the complaint were common — a certain GPA also used in installing an electricity meter by the respondents. Counsel for the petitioner thereupon sought leave to withdraw the petition with liberty to make appropriate representation before the Investigating Officer; leave and liberty granted; petition dismissed as withdrawn and disposed of; pending applications also disposed of. (High Court of Delhi, CRL.M.C. 2763/2023, Amit Sharma, J., 18.03.2025.) No precedent was cited or relied upon.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 2763/2023

SYED EHSAN AHMAD AJMERI .....Petitioner

Through: Mr. Vishal Raj Sehijpal and Ms. Priyanka Handa, Advocates (through Vc). versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Richa Dhawan, APP for the State. SI Nitin, P.S. Jamia Nagar. Mr. Saleem Ahmed, Mr. Ajay Pratap Singh and Mr. Rishabh Shukla, Advocates for R-2 and R-3. Mr. Jitender Chaudhary, Ms. Shilpa Chohan and Ms. Diksha Verma, Advocates for R-5 and R-6.

CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R % 18.03.2025

This hearing has been done through hybrid mode.

The present petition under Section 482 of the Cr.P.C. seeks the following prayers:

“a. Set aside the order dated 19-01-2023 passed by Shri Sanjay Garg – I, Ld. Principal District & Sessions Judge, South East, Saket Court, New Delhi in Criminal Revision No. 131/2022 and order dated 22-03-2022 passed by Ms. Rajat Goyal, Ld. MM – 08, South East, Saket Court, New Delhi passed in Ct. Case No. 1923/2021

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and direct SHO PS Jamia Nagar to register an FIR against the accused persons for committing offences punishable under section 120B IPC, 420, 406, 467, 471, 506 r/w 120B IPC and any other provisions of law; and/or

b. Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice and in circumstances of the case.”

The application of the present petitioner under Section 156(3) of the Cr.P.C. was dismissed by the learned Metropolitan Magistrate vide order dated 22.03.2022. The said order was challenged by the present petitioner by way of a revision petition bearing Crl. Revision no. 131/2022, which was subsequently dismissed by the learned Principal District and Sessions Judge vide order dated 19.01.2023.

Learned APP for the State, on instruction from the Investigating Officer, submits that an FIR bearing no. 10/2025 under Sections 420/468/471/120B/34 of the IPC has been registered at P.S. Jamia Nagar at the instance of the present petitioner against respondent nos. 2 to 8 as well as certain other accused persons and the same is currently investigated by DIU, South East.

The Court has perused the contents of the FIR as well as the order dated 22.03.2022 passed by the learned Metropolitan Magistrate. The subject matter of the present FIR and the complaint under Section 156(3) of the Cr.P.C. filed before the learned Metropolitan Magistrate are with respect to a certain GPA which was also used in installing one electricity meter by the respondents, which is common in both.

In view of the above, learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present petition with liberty to make appropriate representation before the Investigating Officer in accordance with

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law with respect to investigation in the aforementioned FIR.

Leave and liberty granted.

The present petition is dismissed as withdrawn and disposed of

accordingly.

Pending application(s), if any, also stands disposed of.

AMIT SHARMA, J

MARCH 18, 2025/bsr/Pc

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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 22/03/2025 at 17:42:41