Delhi High Court - Orders
Godrej Properties Ltd vs State & Anr on 7 June, 2024
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL.) 1874/2024, CRL.M.A.18211/2024
GODREJ PROPERTIES LTD ..... Petitioner
Through: Dr. Abhishek Manu Shinghvi,
Sr.Adv., Mr. Maninder Singh, Sr.
Adv., Mr. Mohit Mathur, Sr. Adv.
with Mahesh Aggarwal, Mr. Kapil
Madan, Ms. Niyati Kohli, Mr.
Pratham Vir Agarwal, Mr. Gurmukh
Singh Arora, Mr. Vansh Bajaj, Ms.
Muskan Kaur Kalra, Ms. Simran
Chaudhary, Advs.
versus
STATE & ANR. ..... Respondents
Through: Mr. Sanjay Lao, Standing counsel
with Mr.Priyam Agrawal, Adv. for
State with SI Amit Kr. Sector-6, PS
EOW
Mr. Maninder Singh, Sr. Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 07.06.2024 CRL.M.A. 18212/2024 Exemption is allowed subject to all just exceptions. W.P.(CRL.) 1874/2024
1. The present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr. PC seeking quashing of the order dated 28.05.2024 whereby the learned CMM has directed the registration of FIR. Pursuant to the order of the learned CMM, FIR No. 0064/2024 registered at EOW Police Station under Section This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 20:59:48 406/420/120B of the IPC has been registered.
2. Dr. Abhishek Manu Singhvi, learned senior counsel along with Mr. Maninder Singh and Mr. Mohit Mathur, learned senior counsels submitted that the present case is gross abuse of process of the Court.
3. Learned senior counsel submitted that the learned Trial Court has passed the order for registration of the FIR mechanically without having territorial jurisdiction. Learned senior counsel invited the attention of the Court to the various agreements entered into between the parties which provides the jurisdiction of the Gurgaon Courts. Learned senior counsel has also submitted that earlier also an inquiry was conducted on the same allegations by the EOW, Gurgaon and after the enquiry it was concluded that the complaint was to be of a civil nature and a detailed report dated 01.09.2023 was prepared.
4. Learned senior counsel has further submitted that the respondents have also filed an application under Section 156(3) praying for appropriate directions to the CBI to carryout an investigation on the same facts in case in RC No.221/2021/E0009 titled as State (CBI) v. U.S. Awasthi & Ors. Learned senior counsel submits that the CBI filed a detailed status report dated 04.05.2023, whereby it was inter alia stated that there is not even an iota of inference, let alone evidence, that the instant investigation has any connection with the respondent or the petitioner and their disputes. Learned senior counsel submits, thereafter the respondent withdrew the application from the Court of Special Judge, CBI.
5. Learned senior counsel submits that subsequently the respondent invoked the jurisdiction of the Court of learned CMM, Dwarka and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 20:59:48 filed a complaint along with an application under Section 156(3). Learned senior counsel submits that on this application, learned CMM despite filing of report by the investigating agency that it has no territorial jurisdiction proceeded to direct registration of the FIR.
6. Learned senior counsel submits that the registration of the FIR is an order which impinges upon the fundamental rights of the person against whom the FIR has been lodged wrongly and therefore immediate intervention of this Court is required.
7. Learned senior counsel has also submitted that it is a case of Forum shopping and relied upon Vijay Kumar Bhai 2022 7 SCC 124. Learned senior counsel has relied upon State of Haryana & Ors. vs. Ch. Bhajan Lai & Ors. 1992 Supp (1) SCC 335, TT Anthony Vs. State of Kerala Appeal (SC) (Crl) no.689/2001, Upkar Singh Vs Ved Prakash (SC) Appeal (Crl.) 411 of 2002, Tarak Dash Mukherjee& Ors vs State of Uttar Pradesh Crl. (SC) Appeal no. 1400/2022, G. Sagar Suri & Anr. Vs. State of UP & Ors (SC)(2000) 2 SCC 636, Inder Mohan Goswami & Anr. Vs. State of Uttaranchal & Ors. (2007) 12 SCC, Suneet Gupta vs. Anil Triloknath Sharma and Ors (2008) 11 SCC 670, Indian Oil Corpn Vs Nepc India and others (2006) 6 SCC 736.
8. Issue notice.
9. Learned counsel for the respondent No.1 has accepted the notice and seeks time to file the status report/filed the status report .
10. Learned counsel for respondent No.2 has accepted the notice.
11. Mr. Maninder Singh, learned senior counsel for the respondent has refuted all the averments made by the petitioner emphatically. Learned senior counsel submitted that in fact the petitioners have cheated the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 20:59:48 respondent in a brazen manner. Learned senior counsel submits that 10.5 acre of the lands of the respondent has been taken away by the petitioner. It has been submitted that the petitioner was required to give Rs.202 crores to the respondent by September, 2022. However, till date only Rs.37crores have been paid to the petitioner.
12. Learned senior counsel for the respondent has submitted that in the complaint, the petitioner has specifically averred that there is territorial jurisdiction of the Court of the learned CMM. Learned senior counsel submits that the various meetings took place between the parties at the place of territorial jurisdiction of this Court and, therefore the part cause of action has arisen in Dwarka. Learned senior counsel has further submitted that the documents which are mentioned in the impugned order has not been filed and furnished. Learned senior counsel submits that had these documents been filed and furnished, it would have disclosed the jurisdiction of the learned CMM. Learned senior counsel has further submitted that the pendency of the civil case or the civil dispute does not debar the victim from invoking the jurisdiction of the criminal court. Learned senior counsel submits that it is also a settled proposition that the victim has right to file the complaint repeatedly time and again, till the time victim‟s complaint is not addressed. Learned senior counsel submits that it is an exceptional case where the petitioner company has cheated the small company like the respondent. Learned senior counsel submits that it is a settled proposition that the High Court should not interfere in the investigation and if started should not be stopped.
13. Learned senior counsel has referred to the various judgments i.e. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 20:59:48 Satvinder Kaur Vs State (Govt of Nct of Delhi) - 1999 8 SCC 728, Siddharth Mukesh Bhandari Vs State of Gujarat - 2022 10 SCC 525, V Ravi Kumar Vs. State Represented by Inspector of Police, District Crime Branch, Salem, Tamil Nadu & others. - 2019 14 SCC 568.
14. There is no doubt in mind of this Court to the settled proposition that the Court is required to exercise utmost restraint while entertaining a petition for restraining the investigation to be conducted by the police. However, this Court is also of the firm view that allowing the continuing of investigation against a person, in case there is an apprehension of the abuse of the process of law, may have a very serious consequences upon such person. The Court cannot allow a wrong to be perpetuated.
15. Thus, the Court has to maintain a very delicate balance between the two. If the right of the complainant is paramount, the right of the person against whom the FIR has been directed to be lodged and investigation to be conducted is also important. The Court being guardian of both the complainant and the proposed accused has to walk on a tight rope. In the present case, the Court looking at the impugned order is constrained to have a prima facie opinion that there is question of territorial jurisdiction which is required to be considered by this Court. Now the question is that if the investigation is allowed and ultimately it is found that there is no territorial jurisdiction, it may cause irreversible loss. On the other hand, if it is found that the territorial jurisdiction is there and the impugned order is correct the investigation may continue against the proposed accused persons. This Court considers that this case, falls within the category of rare of rarest This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 20:59:48 case where the documents filed show the jurisdiction of the Courts at Gurgaon and Learned CMM has passed an order for the registration of the FIR despite noting that the investigation agency reported that the offence alleged has been committed within the jurisdiction of the Gurgaon and the complaint has been sent to the Gurgaon. Therefore, any further coercive action in case FIR No. 0064/2024 registered at EOW Police Station under Section 406/420/120B of the IPC is stayed till the next date of hearing.
16. Let the respondent file the reply, both the parties may also file the brief written submissions on the point of the territorial jurisdiction of the Court not exceeding five pages along with the judgments they wish to rely upon.
17. List the matter before the Roster Bench on 11.07.2024.
DINESH KUMAR SHARMA, J (VACATION JUDGE) JUNE 07, 2024 Pallavi This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 20:59:48