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Sh. Rajender Goel vs The State (Govt. Of Nct Of Delhi) on 25 January, 2022

Author: Subramonium Prasad

Bench: Subramonium Prasad

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(CRL) 1971/2021
       SH. RAJENDER GOEL                                          ..... Petitioner
                           Through      Mr. Vikas Mehta,         Mr. Bhaskar
                                        Nayak, Advocates.

                           versus

       THE STATE (GOVT. OF NCT OF DELHI)           ..... Respondent
                     Through   Mr. Avi Singh, ASC for the State.

    CORAM:
    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
            ORDER

% 25.01.2022 HEARD THROUGH VIDEO CONFERENCING

1. The instant petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed for seeking transfer of investigation of FIR No.511/2014 dated 10.07.2014, registered at Police Station Rani Bagh for offences under Sections 307/308/120-B/34 IPC from District Investigation Unit to any other Investigating Agency.

2. It is stated in the petition that that there is a dispute going on between the petitioner with one Shallabh Goel (nephew of the petitioner) over a property and petitioner applied to DDA for the cancellation of the conveyance deed of the flat which has been converted into free hold by fraudulent means.

3. It is stated that on 09.07.2014 at about 10:00 PM when the petitioner came outside the society, two unknown persons, who were armed with sticks, came there and told the petitioner that they would teach him a lesson Signature Not Verified Digitally Signed By:HARIOM W.P.(CRL) 1971/2021 Page 1 of 8 SINGH KIRMOLIYA Signing Date:29.01.2022 15:30 as he is making lots of complaints to the DDA. It is stated that after threatening, the petitioner was hit on his head by the two persons and due to which the petitioner was severely injured. It is stated that after seeing the petitioner injured, people rushed towards the site and the two assailants ran away. It is stated in the complaint that the complainant suspects that his relatives Ajay Gupta and Shallabh Goel (nephew of the petitioner) with whom there is a property dispute, would have orchestrated the incident. The complainant's MLC was received which revealed that the injuries were grievous in nature. On the said complaint, the instant FIR No.511/2014 dated 10.07.2014, at Police Station Rani Bagh for offences under Section 307/308/120-B/34 IPC was registered.

4. During the course of investigation, it was found that the petitioner had purchased a flat No.B-2/22, Rajsthali Apartments, Madhuban Chowk, Delhi- 110034 on the basis of agreement to sell in favour of his wife Mrs. Sunita Goel. It is stated that a dispute regarding the said flat arose between the brother of the complainant Vijay Goel, his son Shallabh and his wife Smt. Usha Goel. In this regard, an FIR No.171/2015, at Police Station Rani Bagh, Delhi for offences under Sections 420/467/471/120-B IPC was registered against them. During investigation, an application was filed by the petitioner asking for call detail records of the persons who were suspected by him. In the instant petition, it is alleged that right from the beginning, the local police was not inclined to investigate the case properly because of which the petitioner has approached the higher officials for intervention. It is stated that an untraced report was filed by the Investigating Agency before the learned ACMM, North-West, Rohini Courts with the remarks that no evidence could be drawn from the CCTV footage as the Signature Not Verified Digitally Signed By:HARIOM W.P.(CRL) 1971/2021 Page 2 of 8 SINGH KIRMOLIYA Signing Date:29.01.2022 15:30 same was blurred. It is stated that on the complaint made by the petitioner, the DCP issued directions to record the statement of the petitioner, to have sketch prepared of the assailants and take on record the visible CCTV footage.

5. The DCP later transferred the investigation from the local police to the District Investigation Unit. In the meantime, one person, namely, Amit was found to be one of the assailants on the basis of sketch prepared at the instance of the petitioner. It is stated that anticipatory bail applications of Amit and Ajay Gupta was dismissed by the Ld. ASJ, Rohini Courts. The accused Ajay Gupta and Amit filed bail applications bearing BAIL APPLN.1287/2019 and BAIL APPLN.1298/2019 respectively before this Court. A detailed status report was directed to be filed. The relevant portion of the status report dated 17.08.2019 reads as under:

"The previous IO of this case submitted in the Hon'ble Court of Sh Ajay Panday Ld. ASJ Rohini at the time of hearing the bail application of accused that accused Ajay has admitted that he has some call records of conversation with one Usha Goel, wherein the duo was conspiring for attack against complainant, mentioned in order DT 1-5-2019 also.

The motive, threats and conspiracy are appearing on records. Accused Ajay being interstate criminal was engaged by Shallabh and his mother Usha to settle their property dispute with Sh Rajender Goel. During investigation no enmity of Rajender Goel with Ajay and Amit has emerged. He has seven FIRs against him under different IPC sections. i) FIR No 164/2016 PS. Lal Kothi Jaipur, ii) FIR No 535/2016 PS. Nohar Hanuman Garh, iii) FIR No 114/2016 PS. Allhnabad Sirsa, iv) FIR No 864/1999 PS. C. Place New Delhi, v) FIR No 58/2000 PS. C. Place New Delhi, vi) FIR No 225/2001 PS. Pahar Gunj New Delhi and vii) FIR No 197/1999 PS. Nabi Karim, has remained for several months in different jails of the country and convicted in some cases also.

Accused Ajay and Amit, suspects Shallabh and Driver refused their lie detector test. Amit is his statement in state Dossier no. 174050 in FIR No. 514/2016 PS. Saraswati Vihar Amit has stated that after completing his education he started to work with Ashok Lala of Ashok Vihar. Witness Dheeraj has stated that Amit whose photo is placed in the investigation file use to come to his house at Pahar Gung very often with Ajay.

During interrogation of accused Ajay stated that Sh Pram Pahalwan has cheated him for several lacks of rupees and Sh Pram Pahalwan stated that accused Ajay has borrowed money from him. But none of them provided any documentary proof for the same.

This attack was arranged by accused Ajay through his employee Amit and one more goon at the instance of suspect Shallabh and his mother; nothing has come on records of any enmity of Sh Rajender Goel with accused Ajay and Amit.

As per CCTV footage accused Ajay came to society in his innova car all alone on 9-7-2014 at 18:26:31, met with Suspect Usha, suspect Shallabh joined him and remained outside the society till 21:26:31 following the two goons moving towards Madan Pan Wala shop where Sh Rajender Goel was assaulted by his innova car.

Sir, there are sufficient evidences in this case against accused Ajay to arrest him. He is giving false reply to all the questions put by previous investigating officer. He is not co- operating in the investigation and as such his custodial interrogation is required to recover the call records between him and suspect Usha, second goon identity and to reveal the entire truth of the case. It is therefore; prayed that interim protection given to accused Ajay and Amit may kindly be withdrawn and their bail application may also be dismissed. Further the undersigned is ready to abide by any directions which the Hon'ble Court may pass."

(emphasis supplied)

6. Dissatisfied by the investigation, the petitioner has approached this Signature Not Verified Digitally Signed By:HARIOM W.P.(CRL) 1971/2021 Page 4 of 8 SINGH KIRMOLIYA Signing Date:29.01.2022 15:30 Court, by filing the instant petition with the following prayers:

a) "Transfer the investigation of FIR No. 511/2014 dated 10/07/2014 U/s 307/308/120-B/34 IPC, PS Rani Bagh from the DIU to any other Investigating Agency for proper investigation and further action; and/or

b) Any other or further orders which this Hon'hle Court may deem fit and proper may also be passed in favour of the Petitioner, in the interest of justice."

7. Notice was issued on 06.10.2021. The status report has been filed. It is stated in the status report that Ajay Gupta, Ajay Gupta's driver Ravinder and Shalabh (nephew of the petitioner) have joined the investigation. The relevant portion of the status report reads as under:

14. The statement of Sh. Prem Kumar S/O Late Sh. Ramkunwar R/o 112, Priyadarshani Vihar Part-I, Delhi was recorded on 11.03.2019 wherein he stated "It is to state that I am living at this address alongwith my family and I am doing property business. I came in contact with Ajay Gupta in the year 2012 through my college friend. Ajay Gupta was doing sanitary business in Paharganj and he borrowed money from me to buy sanitary articles. One Amit S/o Mahender R/o Village Kasranty Distt.

Rohtak PS Sampla Haryana used to visit my office since 2012. I had met Amit in Chattarshal Stadium where my son Akshay Kumar used to go for wrestling. Ajay Gupta met Arnit in my office and from here Amit started going to the office of Ajay Gupta in Karol Bagh. Ajay Gupta and his relative namely Rajender Goel whom I can identify had come to my office several times and after four five months of July 2014 I asked Ajay Gupta where his relative Rajender Goel was to which he replied that he had got broken bones of Rajender Goel through Amit. He also said that one more boy was accompanying Amit at that time whom only Amit knows, He also stated that the same statement was earlier recorded by SI Pardeep and also Inspr. Samar Siirgh. Today you have recorded my statement and the same is true.

15. The statement of Raja Beriwal who has stated that on 22.06,14 he had a telephonic conversation with Ajay Gupta which is prior to the incident dt. 09.07.14 in which Ajay Gupta is directly giving threats to Rajender Goel and he is found saying that he is roaming in the society to attack the complainant Rajender Goel.

16. That on 16.04.2019, the supplementary statement of Sh. Raghuvinder Kumar S/o Sh. Ram Kanwar was recorded. He stated that he knew Amit S/o Mahender. He also said that he had gone to the house of Arnit in village Kasranty and he met the family members of Amit there. One of his brother-in-law is in Delhi Police and the other one is in Airforce who is presently posted in Amritsar. He gave sim card of Mob. No. 9643868796 to Amit in the year 2014 which he used for several months. He took back the SIM in the year 2015. During the recording of statement of Sh. Raghuvinder Singh the suspect Amit also came there and he was correctly identified by Sh. Raghuvinder Singh. Sh. Raghuvinder Kurnar submitted one photograph through Whatsapp and told that the picture was taken in Chattarshal Stadium where he alongwith Amit and other wrestlers are seen in this photograph. This photograph is attached with the case file and in this photograph both Amit S/o Mahender and Raghuvinder Kumar are seen standing

17. That on 03.05.2019, Sh. Ajay Pandey ASJ Rohini Court had dismissed the bail application of accused Amit and on 13.05.19 the anticipatory bail of Ajay Gupta was dismissed by Sh. Ajay Pandey ASJ Rohini.

18. That both Ajay Gupta and Amit approached this Hon'ble Court seeking anticipatory bail. On 22.05.2019, they were granted interim protection with the direction to join investigation. Amit joined investigation on 25.06.2019 and 19.07.2019.

19. On 16.09.2019, the voice samples of Ajay Gupta and a voice sample received from the Complainant were collected and Signature Not Verified Digitally Signed By:HARIOM W.P.(CRL) 1971/2021 Page 6 of 8 SINGH KIRMOLIYA Signing Date:29.01.2022 15:30 sent to FSL for matching. The FSL result was received in July 2020 wherein the expert concluded that the Questioned voice exhibit of the speaker is similar to the Sampled voice exibit.

20. On 15.09.2021 & 08.10.2021, the two accused, Amit and Ajay Gupta were granted anticipatory bail. Accordingly, Amit was arrested on 07.10.2021 and released on bail. On arrest, Amit disclosed that Ajay Gupta instructed him and his associate to beat the Complainant severely.

21. The Accused Ajay Gupta is yet to be formally arrested, The charge sheet will be filed within 30 days.

8. Since, the complaint of the petitioner is being looked into by the higher officials and the status report has been filed which reveals that the chargesheet would be filed within a period of 30 days, Mr. Vikas Mehta, learned counsel appearing for the petitioner seeks permission to withdraw the instant petition with liberty to file an appropriate petition before the learned Trial Court in case it is found that the investigation is sketchy and attempts have been made to conceal the principal accused.

9. Permission and liberty, as prayed for, are granted.

10. This Court has perused the status report which clearly indicates the complicity of various persons in the alleged incident. After filing of the chargesheet, in case, it is found that the investigation is sketchy, it is open to the petitioner to raise all the contentions, including the contentions raised in this petition by filing an appropriate petition before the competent Court showing the laxity in the investigation in the light of the status report filed in this Court

11. Since, Mr. Vikas Mehta, learned counsel for the petitioner, was very fair and candid in withdrawing the petition in the light of the fact that the Signature Not Verified Digitally Signed By:HARIOM W.P.(CRL) 1971/2021 Page 7 of 8 SINGH KIRMOLIYA Signing Date:29.01.2022 15:30 chargesheet is likely to be filed within a period of 30 days, this Court is not making any observations on the merits of the case and as and when such a petition is filed by the petitioner, the learned Trial Court is requested to consider the petition on its own merits and keeping in mind the status reports that have been filed in this Court in BAIL APPLN. 1287/2019 filed by Ajay Gupta and in the present petition, and pass orders without being influenced by the fact that the instant petition has been withdrawn before this Court.

12. With these observations, the petition is disposed of as withdrawn along with all the application(s), if any.

SUBRAMONIUM PRASAD, J JANUARY 25, 2022 S. Zakir Signature Not Verified Digitally Signed By:HARIOM W.P.(CRL) 1971/2021 Page 8 of 8 SINGH KIRMOLIYA Signing Date:29.01.2022 15:30