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Indian Institute Of Planning And ... vs State (Nct Of Delhi) And Anr on 17 February, 2023

                    $~64
                    *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +      CRL.M.C. 1144/2023

                           INDIAN INSTITUTE OF PLANNING AND MANAGEMENT
                                                                                   ..... Petitioner
                                              Through:       Mr. Arunabh Chowdhury, Senior
                                                             Advocate with Mr. Karma Dorjee,
                                                             Mr. Kunal Sharma, Advocates

                                              versus

                           STATE (NCT OF DELHI) AND ANR.                       ..... Respondents
                                              Through:       Mr. Prithu Garg, APP for the State
                                                             with Insp. Suhaib Ahmad (EOW)
                                                             Mr. Arjun Mahajan and Mr.
                                                             Raghuvendra N. Budholia, Advocates
                                                             for R-2

                           CORAM:
                           HON'BLE MR. JUSTICE ANISH DAYAL
                                              ORDER

% 17.02.2023 CRL.M.A. 4394/2023

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

1. This petition has been filed for quashing of FIR No.157/2022, PS EOW under Sections 406/460/471/120B IPC.

2. The learned Senior Counsel for the petitioner contends that there were business related transactions between the petitioner and Institute of Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:21.02.2023 10:21:40 Marketing and Management (IMM) of which respondent no.2-complainant is the Authorized Representative. These transactions relate back to 2011 which include a letter of intent dated 11.03.2011 and Management Consultancy Agreement dated 01.07.2012. Thereafter, pursuant to various events which transpired between the parties since the business transactions did not fructify there were disputes between the parties, which are evident from the e-mail by respondent no.2 dated 12.05.2019.

3. The Ld. Sr. Counsel for the petitioner contends that despite issues being civil in nature, the complaint was filed before the PS EOW and a preliminary enquiry was conducted and an ATR dated 02.03.2022 was filed by the EOW where it was concluded that no cognizable offence was made out and both the institutes have a history of disputes at local police station. The respondent no.2, however, proceeded to file an application under Section 156 (3) Cr.PC which was accepted vide impugned order dated 27.09.2022.

4. Not taking into account the above noted ATR and another ATR dated 20.06.2021, the learned CMM seemed to have proceeded on the basis that there were certain students who might have been impacted by the alleged offences.

5. The learned counsel for petitioner has refuted such an observation considering the matter at best is a dispute under business transaction as was evident from the ATR as well.

5. Issue notice. Learned counsel, who appears on behalf of respondent no.2 accepts notice. Learned APP also accepts notice on behalf of the State and will file Status report.

1. This application has been filed seeking stay of the operation of the impugned order dated 27.09.2022.

2. In view of the above facts and circumstances, considering the FIR has now been lodged and investigation is underway, at this stage awaiting the status report, no coercive action be taken against the petitioner and the accused persons in the meantime.

3. List on 11.07.2023.

ANISH DAYAL, J FEBRUARY 17, 2023/tp Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:21.02.2023 10:21:40