Allahabad High Court
Bhawna Garg vs State Of U.P. And 3 Others on 14 August, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:139364-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 10915 of 2025 Petitioner :- Bhawna Garg Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Vajpeyi,Praveen Kumar Singh Counsel for Respondent :- Ashutosh Kumar Mishra,G.A. Hon'ble Siddharth,J.
Hon'ble Jitendra Kumar Sinha,J.
1. Learned counsel for petitioner is directed to implead Commissioner of Police, Ghaziabad, as respondent no. 2-A in the writ petition within course of the day.
2. Heard Sri Anurag Vajpeyi, learned counsel for the petitioner; Sri Ashutosh Kumar Mishra, learned counsel for respondent no.4 and learned AGA for State.
3. This writ petition has been filed praying for following relief:-
"i. Issue writ, order, or direction in the nature of certiorari quashing the order impugned order dated 05.11.2024 passed by, Police Commissioner Gautam Budh Nagar.
ii. Issue writ, order, or direction in the nature of certiorari quashing the order impugned order dated 03.03.2025 Ghaziabad. passed by Police Commissioner, Ghaziabad.
iii. Issue writ, order, or direction in the nature of mandamus commanding the respondent no. 2 and 3 to conclude the investigation of the present case bearing Case crime no. 248 of 2024 under sections 420, 467, 468, 504, 506, 120B IPC Police Station-Beta-2, District Gautam Budh Nagar, expeditiously within a stipulated period of time preferably within two months in the most fair and impartial manner.
iv. Issue any other writ, order or direction, as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case. "
4. Facts of these case are that F.I.R. dated 05.11.2024 was lodged at Police Station- Beta-2, NOIDA, (Commissionerate Gautam Buddh Nagar) on 29.06.2024 by the petitioner against the respondent no. 4 and 2 unknown accused.
5. The substratum of the prosecution case as narrated by the petitioner in the FIR lodged by means of an application u/s 156(3) are to the effect that, the mother of the petitioner namely Smt. Pushplata Gupta, is a resident of District Aligarh and is the owner and in possession of property situated at 87 MIG ADA Colony Sashni Gate District Aligarh. The accused Gaurav Agarwal (respondent no. 4) is also a resident of Aligarh and he has instituted an original suit No. 581 of 2023 against the mother of the petitioner with respect to the aforesaid property in question which is pending before the learned Civil Judge (SD), Aligarh and in order to gain unfair advantage by the use of unscrupulous means, accused Gaurav Agrawal has misused certain stamp papers bearing no. 24AA263841, (2) 24AA263842, (3) 24AA263843, (4) 24AA263844 and (5) 24AA263845 allegedly dated 14.06.2009 and prepared forged and fabricated document/agreements with the sole and oblique objective of illegally gaining possession of the property in question.
6. Learned counsel for the petitioner submitted that when the petitioner probed into the matter and gathered information regarding the purported documents prepared on the aforementioned stamp papers by accused Gaurav Agarwal, by preferring various RTI applications before the concerned treasury in Ghaziabad, she found out vide letter no. 422 dated 02.08.2023 that the 5 stamp papers in question were issued on 19.05.2014 by the Ghaziabad treasury by stamp vendor Vijay Duhan and using the said stamp papers issued in the year 2014, the accused Gaurav Agrawal has prepared agreements dated 14.06.2009 i.e. 5 years prior to the issuance of said stamp papers, solely in order to gain undue advantage in the civil suit pending between accused Gaurav Agrawal and the mother of the petitioner by using said forged and frivolous documents.
7. Upon probing further into the matter the petitioner has gained knowledge of the fact that the accused Gaurav Agrawal is a notorious land-grabber (Bhu-Mafia) who has adopted such unscrupulous and illegal practices to illegally wrest control over properties of other innocent persons and when confronted by the petitioner and her mother, accused Gaurav Agrawal called them to the Grand Venice Mall at Greater Noida on 27.01.2024 and when they reached there on 27.01.2024 in the evening, the accused Gaurav Agrawal and 2 other miscreants, who were waiting, verbally and physically assaulted the petitioner and her mother and demanded a sum of Rs. 10 lakhs under the threat of dire consequences.
8. The petitioner took recourse to the concerned police authorities, however, when no heed was paid she lodged the present FIR by means of an application u/s 156(3) Cr.P.C. Copy agreements dated 18.06.2009 prepared on disputed stamp papers by accused Gaurav Agarwal along with the RTI responses received vide letter no. 422 dated 02.08.2023, unequivocally reflecting that the stamp papers in question were issued on 19.05.2014.
9. After the lodging of the present FIR, which was assigned case crime no. 248 of 2024 lodged at police station Beta-2 District Greater Noida, Gautam Budh Nagar on 29.06.2024, no substantial progress has been made in the investigation of the present case and in fact the petitioner is running from pillar post in her quest for justice and yet on account of the clout exercised by the accused, Gaurav Agrawal, no heed is being paid to the pleas of the petitioner.
10. The accused Gaurav Agarwal, who is ordinarily a resident of District Aligarh, exercises substantial clout and influence over the authorities and police personnel in District Aligarh and he had threatened the petitioner that he will get the investigation of the present case transferred to District Aligarh, where he will ensure that the investigation culminates in the filing of a final report in his favour.
11. Harbouring reasonable doubt regarding the impartial manner in which the investigation of the present case is being carried out, and citing the threats levied by accused Gaurav Agrawal, the petitioner moved an application before the Assistant Commissioner of Police, Gautam Budh Nagar dated 12.09.2024 seeking a free and fair investigation in the present matter.
12. However, it has subsequently come to the knowledge of the petitioner that the investigation of the present case was transferred initially to police station Kavi Nagar, District Ghaziabad 08.11.2024 and the FIR was assigned case crime no. 1104 of 2024 and subsequently thereafter the investigation of the present matter was transferred to Police Station Sashni Gate, District Aligarh on 26.03.2025 and was assigned Case Crime No. 155 of 2025.
13. The petitioner was not even apprised of the reasons why the investigation of the present case was transferred out of District Gautam Budh Nagar, where the FIR had been lodged initially by her and hence she had to resort to moving various RTI applications and it is in response to her RTI applications that she gained knowledge of the fact that it was initially vide order dated 05.11.2024 passed by the commissioner of police Gautam Budh Nagar that the investigation of the present FIR 468, 504, 506, 120B IPC lodged at police station- Beta-2 Gautam Budh Nagar was transferred to Police Station Kavi Nagar, District Ghaziabad, citing the fact that the treasury from where the stamp papers were issued falls within the jurisdiction of District Ghaziabad.
14. Subsequently vide order dated 03.03.2025 passed by the Commissioner of Police, District Ghaziabad, the investigation of the present case was transferred from District Ghaziabad to police station Sashni Gate, District Aligarh, citing the reason that since the property in question is situated in the jurisdiction of said district hence the investigation is to be carried out by Police Station Sashni Gate, District Aligarh.
15. Learned counsel for the petitioner has further submitted that it is evident from the facts and circumstances of the present case mentioned above as well as from the perusal of the impugned orders dated 05.11.2024 and 03.03.2025 perusal of the impugned orders dated 05.11.2024 and 03.03.2025, that the investigation of the present case is being conducted in a very highhanded manner and the investigation has been transferred to District Aligarh citing entirely frivolous and untenable grounds and the petitioner harbours a more than reasonable apprehension that a fair investigation is not being conducted in the present case and she will fail to get justice. While passing the impugned orders mentioned above the respective police authorities have failed to appreciate the fact that the cause of action of the present case are evident to have taken place in District Gautam Budh Nagar itself, particularly the incident of 27.01.2024 which took place near the Grand Venice Mall, Greater Noida and as such the FIR was originally lodged in the appropriate jurisdiction in Greater Noida and it is solely on account of the influence and clout of the accused Gaurav Agrawal, that the investigation has been transferred to District Aligarh. It has been stated above the accused Gaurav Agrawal exercises considerable clout and influence in District Aligarh and he has previously threatened the Petitioner that he will get the investigation transferred to Aligarh and ensure that a final report is filed in the present case. The petitioner is continuously chasing the investigating officer seeking updates in the present matter and is offering to get her statement recorded and provide any other evidence as required by the investigating officer which is in the possession of the petitioner, however her pleas are falling on deaf ears and it appears that the investigating officer is acting hands in gloves with the respondent no. 4. The respondent no. 4 is highly influential people exercising clout over the local authorities and as such the petitioner harbours reasonable apprehension that the investigation of the present case is not being conducted in a free and fair manner and as such the constitutional right of the petitioner to a free and fair investigation is being blatantly trampled. Till date the investigation has not taken any positive steps nor the accused apprehended by the police officials.
16. Learned counsel for the respondent no.4 has vehemently opposed the submissions made by learned counsel for the petitioner and has submitted that the mother of the petitioner is also resident of Aligarh and the property in dispute is also situated at Aligarh where civil suit is pending between the parties and, therefore, there is no harm if the investigation is done at Aligarh. He has submitted that investigation has rightly been transferred to Aligarh by different police authorities.
17. Learned counsel for the petitioner has rejoined and submitted that the cause of action for lodging the F.I.R. arose at Grand Venic Mall, Greater NOIDA on 27.01.2004 and the stamp papers used in fabrication of the documents dated 14.06.2009 were issued on 19.05.2014 from Ghaziabad treasury after about 5 years. Therefore, the investigation is required to be conducted in Ghaziabad Treasury where-from the stamp papers in dispute were issued. The offence of fabrication of document took place at Ghaziabad and, therefore, the lodging of F.I.R. at NOIDA was not improper.
18. After hearing the rival submissions, this Court finds that the petitioners are residing at Greater NOIDA while respondent no.4 is residing at Aligarh. The orders of transfer of investigation impugned in the writ petition have been passed by Commissioner of Police, Gautam Buddh Nagar and Commissioner of Police Ghaziabad.
19. It is clear that none of the parties resides at Ghaziabad and, therefore, it would be appropriate that the Commissioner of Police, Ghaziabad, be directed to ensure that investigation of this case is concluded at Ghaziabad by the investigating officer of the police.
20. The impugned order dated 05.11.2024 passed by Commissioner of Police, Gautam Buddh Nagar and impugned order dated 03.03.2025 passed by Commissioner of Police, Ghaziabad, assign no reason for transfer of the investigation from their Districts to other places. Both orders are non-speaking orders and hereby quashed.
21. The writ petition is allowed.
22. The Commissioner of Police, Ghaziabad, is directed to get the investigation of the Case Crime No. 248/2024, under sections- 420, 467, 468, 504, 506, 120-B of IPC, Police Station- Beta-2, District- Gautam Buddh Nagar, conducted in fair manner by the investigating officer within period 60 days and affidavit of compliance be sent to Registrar (Compliance) of this Court within two weeks thereafter to be kept on record.
Order Date :- 14.8.2025
Abhishek
(Jitendra Kumar Sinha,J.) ( Siddharth,J.)