Petitioner sought transfer of a cheque-bogging/land allotment dispute to an independent agency. High Court declined transfer allowing petitioner to approach trial court with full evidence.
Petitioner allowed liberty to raise pleas before trial court with fresh investigation reports.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc. No. M-18388 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-18388 of 2010 Date of decision:-25.4.2011
Sajjan Kumar
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:Mr. Rajesh Nar, Advocate for Mr. Vishal Deep Goyal, Advocate for the petitioner.
Mr. P.S. Virk, DAG Haryana for respondent Nos.1 to 4.
None for respondent Nos.5 and 6.
RITU BAHRI J.(Oral)
The petitioner has sought a direction from this Court to transfer the investigation of the case in FIR No.46 dated 15.2.2010 under Sections 420,467,468,384,387,323 and 506 IPC, registered at Police Station Khaidki Daula, District Gurgaon to some independent agency.
The petitioner alleges that he was cheated by respondent Nos.5 and 6 to the tune of rupees one crore on account of providing the land at cheaper rate for education society. The petitioner had given Rs.80,00,000/- at Crown Plaza Hotel at Gurgaon and Rs.20,00,000/- were given at A-6 Maharana Partap Enclave, Delhi for getting the land at cheaper rate. This agreement was reduced to writing on 20.11.2009. Respondent Nos.5 and 6 kept on lingering the matter of allotment of the land to education society. Thereafter, the petitioner demanded his money rupees one crore and a sum of Rs.47,00,000/- was
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returned to the petitioner. Remaining amount was not paid back and the respondents started threatening to the petitioner. The present FIR was registered in the above background after the directions of the Judicial Magistrate 1st Class, Gurgaon. Respondent Nos.5 and 6 applied for pre-arrest bail and the same was dismissed by the Additional Sessions Judge (Fast Track Court) Gurgaon vide order dated 4.3.2010. Efforts were made by respondent No.3 to get the matter compromised. The allegation in the petition is that respondent No.3 is in the process of getting the cancellation report prepared by taking the affidavit from the petitioners showing that the matter has been compromised. On notice, reply was filed by the Deputy Commissioner of Police, South, Gurgaon. As per the investigation carried out by ASI Jagdish Rai and verified by Inspector Bijender Kumar, no truth was found in the matter and the occurrence place was found different from the same as mentioned in the complaint. The cancellation report was prepared by Inspector Bijender Kumar, SHO Police Station Kherki Daula, Gurgaon on 3.5.2010. The said cancellation report was sent to the police station by the Assistant Commissioner of Police on 15.5.2010 to investigate the matter by an officer above the rank of ASI. The investigation , thereafter, was carried out by SI Narotam Parshad, Police Station Kherki Daula, Gurgaon. He recommended the case for cancellation. On 21.7.2010, the Commissioner of Police, who did not agree with the investigation, sent the file again to the police station for investigation again by the SHO. The status report has been filed on 07.2.2011 by the Deputy Superintendent of Police in compliance of order dated 21.7.2010. The investigation was conducted by SI Nahar Singh of Police Station Kherki Daula, Gurgaon. Both the petitioners and respondent Nos.5 and 6 were joined in the investigation. The petitioner could not produce any receipt, cheque or bank draft and any other agreement. The petitioner could not tell any definite date and time of giving the amount of
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Rs.80,00,000/- to respondent No.5. The petitioner could not specify the alleged place of meeting with respondent Nos.5 and 6. As per call detail of mobile phone No.09711119488 of respondent No.5, it is revealed that from 5.1.2010 to 12.1.2010 his mobile was in roaming and in the investigation, the allegations were found false and baseless. The said report was forwarded by SI Nahar Singh through proper channel.
Mr. P.S. Virk, DAG Haryana on instructions from ASI Jagdish Rai states that in the above matter three investigations have been carried out, where the petitioner has been joined but he could not produce any evidence before the investigating agency to prove the offence as alleged in the complaint.
The cancellation report has been presented before the trial Court,
the petitioner is at liberty to raise his pleas before the trial Court.
The criminal miscellaneous petition is disposed of.
April 25, 2011 Vijay Asija
1 issue framed by the court
Whether the High Court should transfer the investigation of an FIR alleging cheating to an independent agency.
Sajjan Kumar
State of Haryana
Respondent No.5
Respondent No.6
RITU BAHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
