Ashish Bhalla Vs State of Haryana

Present: Mr. Chetan Mittal, Senior Advo c ate, with Ms. Bahuli Sharma, Advocate, Mr. Mayank Aggarwal, Advoca t e, Mr. Aakash Deep Singh, Advoc a te, and Mr. Ishwar Singh, Advocate, fo r the petitioner.

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Mr. Sumit Jain, Addl. A.G., Har y ana, with Ms. Diya Sodhi, Senior DAG, H aryana. ****

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Rajesh Bhardwaj, J.

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In the instant petition filed und e r Section 528 of the BNSS, 20 2 3, the petitione r has made various prayers viz. q uashing of FIRs mentioned in t he table Annex u re P-1, consolidation/clubbing o f FIRs and quashing of product i on warrants etc.

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During the course of hearing, l e arned Senior counsel appearing on behalf of th e petitioner fairly submits that t h ough the present petition has a l so been filed for quashing the FIRs with furthe r prayer for consolidation/clubb i ng of the FIRs, h owever, he restricts his prayer o nly qua consolidation/clubbing of all the FIRs r egistered against the petitioner s on similar allegations by differ e nt complainant s . He prays for withdrawal of his prayer for quashing the FI R s, with liberty t o approach this Court again wit h better particulars.

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The aforesaid prayer of the pet i tioner is accepted and the pres e nt VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy andpetition is or d ered to be dismissed as withdr a wn, with the liberty aforesaid, q ua integrity of this document

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CRM-M-17130-2025 (O&M)

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quashing of the FIRs. Now, the present pe t ition survives only qua the pra y er for clubbin g of various FIRs registered a gainst the petitioner on sim i lar allegations b y different complainants. 4. Learned Senior counsel appe a ring on behalf of the petitio n er submits that the petitioner is an urban desig n er and development professio n al. He is a Pro m oter/Director in WTC Faridaba d Infrastructure Pvt. Ltd., whic h is one of the g r oup companies of WTC Noid a Development Co. Pvt. Ltd. T he petitioner’s company, in order to d e velop the plotted residen t ial society/proj e cts, entered into Collaboration A greements with the collaborat o rs whereby it w as agreed between the petition e r’s company and the collaborat o rs that the peti t ioner’s company, in pursuanc e of the collaboration agreeme n ts, will obtain r equisite/necessary licenses for developing the residential plot t ed society. It i s submitted that the petitioner is a reputed person whose compa n y, with bona fi d e intention to operate in Farid ab ad, acquired 87 acres of land a nd submitted a p plications for obtaining licenses under the Deen Dayal Jan A w as Yojna and subsequently, the Director, To w n & Country Planning, Harya n a, granted two licenses to the petitioner. A fter obtaining the licenses a nd necessary r e gistration from the Haryana R eal Estate Regulatory Autho r ity (HRERA), p l ots were allotted to the collabo r ators. Thereafter, the Governm e nt of Haryana o fficially suspended the operati o n and implementation of the D e en Dayal Jan A was Yojana program within the geographical boundaries of Gurugram a n d Faridabad districts and the p etitioner’s company informed its collaborator s about the said development and also about the proposal f or alternative o p tions but due to the business r ivalry, their personal vendetta a nd in order to s e ek vengeance, the rivals started instigating the collaborators of t he petitioner’s c ompany to register FIRs as we l l as complaint under Sections 1 38 of the Nego t iable Instruments Act, 1881 ag a inst the petitioner and resultan t ly, VINOD KUMAR the petitione r has been roped in various FIR s , which are as follows:2025.09.02 15:28 I attest to the accuracy and integrity of this document

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FIR No.119 dated 07.05.2 0 24, registered under Sections 42 0 & 406 IPC, at Police Station B PTP Faridabad.

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FIR No.245 dated 11.07.2 0 24, registered under Sections 120 - B, 420 & 506 IPC, at Police S t ation Old Faridabad.

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FIR No.340 dated 26.09.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.341 dated 26.09.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.366 dated 15.11.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.367 dated 15.11.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.369 dated 16.11.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.370 dated 16.11.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.371 dated 16.11.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.411 dated 13.12.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.413 dated 13.12.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.414 dated 13.12.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.415 dated 13.12.2 0 24, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.2 dated 02.01.202 5 , registered under Sections 120- B & 420 IPC, at Police Station E OW, Central Faridabad.

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FIR No.11 dated 08.01.2025, registered under Sections 120- B & 420 IPC, at Police Station E OW, Central Faridabad.

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FIR No.12 dated 08.01.2025, registered under Sections 120- B & 420 IPC, at Police Station E OW, Central Faridabad.

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FIR No.23 dated 18.01.2025, registered under Sections 120- B & 420 IPC, at Police Station E OW, Central Faridabad.

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FIR No.24 dated 18.01.2025, registered under Sections 120- B & 420 IPC, at Police Station E OW, Central Faridabad.

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VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document

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FIR No.42 dated 06.02.20 2 5, registered under Sections 406 & 420 IPC, at Police Station E OW, Central Faridabad.

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FIR No.49 dated 20.02.2025, registered under Sections 120- B & 420 IPC, at Police Station E OW, Central Faridabad.

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FIR No.56 dated 26.02.2025, registered under Sections 120- B & 420 IPC, at Police Station F aridabad Central.

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FIR No.87 dated 28.03.2025, registered under Sections 120- B & 420 IPC, at Police Station E OW, Central Faridabad.

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FIR No.108 dated 21.04.2 0 25, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.110 dated 21.04.2 0 25, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.113 dated 24.04.2 0 25, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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FIR No.137 dated 27.05.2 0 25, registered under Sections 12 0 -B & 420 IPC, at Police Statio n EOW, Central Faridabad.

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It is submitted by the learned S enior counsel that on the basis of common all e gations, the petitioner is being p rosecuted by lodging various F I Rs at various police stations only in order to harass and humiliate him. It is submitted th a t in FIR No.369/2024 dated 16 . 11.2024, registered under Secti o ns 120-B & 42 0 IPC, at Police Station EOW, C entral Faridabad, the investigat i on is already c o mplete and the challan is also presented. He submitted that t he petitioner is s eriously prejudiced in defending himself in all the FIRs which a re registered at different police stations and, t hus, all these FIRs deserve to be clubbed. In support of his arguments, he re l ied upon a recent judgment of t he Supreme Co u rt rendered in the case of Alok Kumar vs. The State of Bihar & Ors., Specia l Leave to Appeal (Crl.) No.407 3 /2025, decided on 12.08.2025 a nd submitted t hat considering the afores a id FIR No.369/2024 as t he principal/ma i n FIR, rest of all other FIRs r e gistered against the petitioner on the similar a l legations by different complainants and also the FIRs that may be registered a g ainst the petitioner in future wit h respect to the same allegation s at

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VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document

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CRM-M-17130-2025 (O&M)

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various poli c e station may be treated as st a tements under Section 161 of t he Cr.P.C.

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Learned State counsel has oppo s ed the prayer of the petitioner q ua quashing of the FIRs, which though has already been withdrawn by t he petitioner, b u t he is also in agreement with t he argument raised by the lear n ed Senior coun s el for the petitioner in view o f the law settled by the Hon’ b le Supreme Co u rt regarding clubbing of the FI R s.

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After hearing learned counsel fo r the parties, it is discernible t h at the prayer m a de by learned Senior counsel a p pearing on behalf of the petitio n er regarding cl u bbing of the FIRs registered a gainst the petitioner on the sa m e allegations b y different complainants is in consonance with the law settled by the Suprem e Court in Alok Kumar’s case (supra), in which the Supre m e Court has he l d as under:-

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“ 15. In such circumstan c es, referred to above, the first th i ng that we should do is t o order clubbing of all the 81 FIRs/Criminal Cases regist e red against the petitioner. 16. We direct that the v ery first FIR registered against the petitioner dated 11.01.20 1 8 with the Shastri Nagar Po l ice Station, Patna, Bihar shall be treated as the main FIR. All ot h er First Information Reports s hall be treated as statements un d er Section 161 of the Criminal Procedure Code, 1973 (for short “the CrPC”). We are p assing this order in tune with the decision of this Court in t h e case of “Satinder Singh Bhasi n v. State of U.P. and Another” r eported in 2023 (14) SCC 805. 17. We clarify that any F IR that may be registered against the petitioner an the company in future with respect to deliver y of property to home buyers s hall also be treated as a Statem e nt under Section 161 of the C r PC.” 8. In view of the aforesaid discuss i on, the present petition is parti a lly allowed and keeping in view the law settl e d by the Supreme Court in Alok Kumar’s case (supra), it is ordered that F I R No.369/2024 dated 16.11.20 2 4,

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VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document

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registered u n der Sections 120-B & 420 IP C , at Police Station EOW, Cen t ral Faridabad a g ainst the petitioner be treated as the principal/main FIR and all other 25 FI R s mentioned in para no.4 of this order, based on the sim i lar allegations a nd lodged by the different com p lainants, be treated as stateme n ts under Section 161 of the Cr.P.C. It is also ordered that any FIR that may be registered a g ainst the petitioner in future in v olving similar allegations be a l so treated as a statement under Section 161 of t h e Cr.P.C.

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All the pending applications sta n d disposed of.

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(Rajesh Bhardwaj) Judge Whether Speaking/Reaso n ed: NO/YES Whether Reportable: NO/YES

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August 22, 2025 vinod*

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VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document

Ashish Bhalla v. State of Haryana

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Ashish Bhalla v. State of Haryana

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