Criminal miscellaneous petition disposed of as infructuous where parallel police complaints were withdrawn/transferred/closed; no pending complaints against petitioners; court declines intervention but preserves complainant's right to pursue remedies.
None. Petition disposed of as infructuous. ¶44
The petition is rendered infructuous as no complaints are currently pending against the Petitioners at either P.S. Preet Vihar or P.S. New Ashok Nagar; the complaint at P.S. New Ashok Nagar was transferred to P.S. Preet Vihar and closed after preliminary enquiry found no cognizable offence; the complaint at P.S. Preet Vihar was withdrawn by the complainant. ¶38-40
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
SEEMA SOOD & ORS. .....Petitioners
Through: Mr. Harsimran Singh, Advocate.
versus
STATE(NCT OF DELHI) & ORS.
.....Respondents
Through: Mr. Satinder Singh Bawa, APP for State with Mr. K.P. Singh, SI, PSNew Ashok Nagar. Mr. Shivam Sharma, SI, PS-Preet Vihar.
CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
%
19.03.2025
“a. Transfer the complaint of the Respondent no. 5 pending against the Petitioners before the office of the Respondent no. 4 to the office of the Respondent no. 3 and direct the EO to dispose of the complaint in strict conformance of law in relation to cheating and breach of contract; or b. Transfer both the complaints of the Respondent no. 5 against the Petitioners; currently pending before the before the office of the Respondent no. 3 and the office of the Respondent no. 4 to DIU/East District or any other independent enquiring/ investigating agency to deduce whether or not a cognizable offence is being made out from the factual matrix and to direct the detailed EO to dispose of the complaint in strict conformance of law in
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CRL.M.C. 680/2025
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relation to cheating and breach of contract; and
c. Call for mandatory sanction/ permission required u/s 173(3) of Bhartiya Nagarik Suraksha Sanhita, 2023 for conducting preliminary enquiry upon the: complaint of the Respondent no.5 from the office of the ACP/Preet Vihar and ACP/ Kalyanpuri to gauge legality/ illegality of the enquiry undertaken by the EOs and in event the same is not found, direct the Respondent no.2 to take appropriate administrative/ disciplinary action for willful violation of legal: mandate; and
d. Pass any other order(s) which this Hon’ble Court may deem fit and proper in the overall facts and circumstances.”
2.1. Petitioner No. 1 had entered into an agreement to sell with Royal Blue Club Private Limited (Respondent No. 5), through its authorized signatory. However, due to unforeseen circumstances, the terms of the agreement to sell were breached. Despite the civil nature of the dispute, Mr. Gurvinder Arora, Director of Respondent No. 5 made a complaint against the Petitioners at P.S. Preet Vihar. While the inquiry of the said complaint was pending, Mr. Gurvinder Arora filed an identical complaint at P.S. New Ashok Nagar.
2.2. Aggrieved, by the complaints, Petitioners submitted representations dated 19th December, 2024 to the DCP, East District, Delhi Police (Respondent No. 2) and to the Enquiry Officer of P.S. New Ashok Nagar requesting for transfer of complaint filed before P.S. New Ashok Nagar to P.S. Preet Vihar. However, no response has been forthcoming.
2.3. The Petitioners have been harassed by the police officials at P.S. New Ashok Nagar to return double the earnest money or to execute the sale deed in the name of Respondent No. 5.
2.4. Recently, the Petitioners have also received a notice on a complaint filed by Mr. Gurvinder Arora at P.S. Tilak Nagar.
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CRL.M.C. 680/2025
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 17:42:26
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CRL.M.C. 680/2025
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 17:42:26
6.2. The registered office of Respondent No. 5 was/ is at D-1, Wood Bury Tower, Charm Wood Village, Lakkadpur, Sector 39, Faridabad Haryana. 6.3. The property in question exists at B-140, Preet Vihar, Delhi and upon preliminary enquiry, no cognizable offence has been found to have been committed in the jurisdiction of P.S. New Ashok Nagar and accordingly on the complaint was transferred to P.S. Preet Vihar.
6.4. Since the allegations levelled by Respondent No. 5 were identical, the second complaint transferred from P.S. New Ashok Nagar was also filed as “Closed” with identical reasoning of non-disclosure of commission of any cognizable offence.
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CRL.M.C. 680/2025
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 17:42:26
SANJEEV NARULA, J
MARCH 19, 2025 nk
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CRL.M.C. 680/2025
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 17:42:26
4 issues framed by the court
Whether parallel inquiries based on identical facts and parties at two different police stations (P.S. Preet Vihar and P.S. New Ashok Nagar) should be entertained.¶30
Whether the complaint should be transferred to the police station having territorial jurisdiction over the cause of action.¶30
Whether mandatory sanction under Section 173(3) of BNSS, 2023 is required for conducting preliminary enquiry upon the complaint.¶20
1 provisions across 1 enactments
How this case reached the court
Complaints filed by Respondent No. 5 (Royal Blue Club Private Limited) at P.S. Preet Vihar, P.S. New Ashok Nagar, and P.S. Tilak Nagar against Petitioners alleging cheating and breach of contract.¶22-26
Police Stations (P.S. Preet Vihar, P.S. New Ashok Nagar, P.S. Tilak Nagar) · December 2024 - February 2025
Petition filed in High Court seeking transfer of complaints and other reliefs.¶14-21
On 3rd February 2025, Court issued notice and directed State to file status report.¶30
Status report filed indicating complaints transferred/closed/withdrawn; Respondent No. 5 appeared and stated complaint at P.S. Preet Vihar withdrawn, complaint at P.S. Tilak Nagar ongoing.¶31-37
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
