Delhi High Court - Orders
Dr. Chetan Sahni & Ors vs The State (Nct Of Delhi) & Ors on 13 September, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (CRL) 2170/2020
CRL.M.A. 17831/2020 (directions)
DR. CHETAN SAHNI & ORS. ..... Petitioner
Represented by: Mr. Anupam Dwivedi, Adv.
versus
THE STATE (NCT OF DELHI) & ORS. ..... Respondent
Represented by: Ms. Nandita Rao, ASC for State
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 13.09.2021 The hearing has been conducted through Physical Mode.
1. By this petition the petitioner had inter alia sought a writ of mandamus to the respondents to hold the investigation of FIR No. 588/2020 under Section 407 IPC registered at PS Hauz Khas in the time line drawn by this Court and to enable the petitioners to have access to their household goods; also initiation of penal legal action against the respondents for non- registration of FIR till 12th December, 2020 and prosecution of respondents No. 2 to 4 under Section 166/ 167 IPC and damages to the tune of ₹25 lakhs besides cost.
2. According to the petitioner the petitioner No.1 was working with AIIMS, New Delhi and was transferred to BHU, Varanasi, U.P. The petitioner booked his household goods including bike for transportation to KBN LION Apartment near IMS Medical College, BHU, Banaras, U.P. through Express India packers & movers. On the goods booked on 1 st Signature Not Verified W.P. (CRL) 2170/2020 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:14.09.2021 21:06:49 December, 2020 it was assured that the goods will reach KBN LION Apartment latest by 3rd December, 2020, however goods did not reach. On 4th December, 2020 petitioner forwarded an intimation of the commission of cognizable offence to respondent No.2 to 4 vide e-mail dated 3rd December, 2020 at 21.51 hours followed by speed post complaint on 4 th December, 2020 relating to offences allegedly committed under Section 406/467/468/471 read with Section 120-B IPC. According to the petitioner FIR was not registered immediately and only on 12th December 2020, FIR No. 588/2020 under Section 407 IPC was registered at PS Hauz Khas.
3. A status report has been filed by the State indicating that on registration of FIR on 12th December, 2020 investigation was carried out. The contact number of this company was found by the complainant on the internet and without any verification regarding the same, the petitioner booked the company for the services. The accused persons reached the residence of the complainant with a Truck No. HR55AH9928 and loaded the household items. According to the petitioner, transportation charges were fixed at ₹15,000/- and time for reaching the destination was 3rd December, 2020. The petitioner paid them ₹12,000/- as advance. When the cargo did not reach the destination, the petitioner contacted the accused persons who sent him a bill of ₹42,420/- and started forcing him to pay in a bank account, else his goods will not be sent.
4. During the course of investigation on 23rd December, 2020 accused persons, namely, Deepak Mahla and Sachin were arrested and case property was recovered which was deposited in the malkhana of PS Hauz Khas. On 24th December, 2020 the case property was released to the complainant and after completion of investigation charge-sheet has been prepared.
Signature Not VerifiedW.P. (CRL) 2170/2020 Page 2 ofSigned
Digitally 3 By:JUSTICE
MUKTA GUPTA
Signing Date:14.09.2021
21:06:49
5. As noted above, the grievance of the petitioner is that the FIR was not registered immediately on 4th December, 2020 but on 12th December, 2020 and thus action be initiated against the Police officers for not registering the FIR promptly. Learned counsel for the State submits that since one complaint was received through e-mail and the other through speed post, verifications were done and thereafter FIR was registered on 12th December, 2020 and after completion of investigation charge-sheet has been prepared and sent to the prosecution branch for scrutiny. The accused were arrested and later granted bail by the learned trial court.
6. Considering the fact that the respondents No.2 to 4 took action on receipt of the complaint and registered FIR, carried out the investigation also resulting in the goods of the petitioner being released to him, this Court finds that no case for registering of FIR against respondent No.2 to 4, who are the Police Officers, nor any case for grant of compensation by them.
7. Petition and application are dismissed.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 13, 2021 'ga' Signature Not Verified W.P. (CRL) 2170/2020 Page 3 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:14.09.2021 21:06:49