Shri Anil Anand & Ors. vs State & Anr.
2010 Latest Caselaw 3591 Del

                * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                       Date of Reserve: 09th July, 2010
                                                        Date of Order: August 03, 2010


+ W.P.(Crl.) No.1008/2010 & Crl.M.A.No. 8447-8448/2010
%                                                      03.08.2010


        Shri Anil Anand & Ors.                                            ... Petitioners
                          Through:Mr. M.Dutta, Advocate

                Versus


        State & Anr.                                 ... Respondents
                                 Through:Mr. Ranjit Kapoor, ASC for State
                                 With Mr. Asim, Adovcate

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

Present petition has been filed by the petitioners for quashing of

FIR No. 40/09 registered against the petitioners under Section

420/465/468/471 IPC at PS Sector 55, Faridabad (Haryana). It is petitioners'

own case that this FIR was registered on 21st January, 2009 and thereafter

investigation was conducted by police of Faridabad and a report was filed by

the Investigating Officer that no offence was committed by the petitioners. A

copy of report dated 11th May, 2009 in Hindi with English translation has been

placed on record wherein it is categorically stated that the matter related to

Company Law Board and had nothing to do with IPC and there was no

substance found in the complaint. It is submitted that after filing of this report

and agreeing that the matter related to Company Law Board, a fresh

investigation was started and petitioners were summoned on 15th May, 2010,

a prayer is therefore made that the above FIR should be quashed or in the

alternative a writ of mandamus should be issued directing transfer of the from

Faridabad Police to Delhi Police. Faridabad Police and other investigating

agencies of Haryana should be restrained from taking further steps in the

complaint.

In view of the admitted position stated by the petitioners that the

investigation in this case was completed by one Investigating Officer and a

report was filed that no offence was made out, if any other investigating

officer of PS Sector 55 Faridabad was acting illegally, the petitioner should

approach High Court of Punjab & Haryana against such illegal act of police

official of Faridabad; Delhi High Court had no jurisdiction over illegality being

committed by the police official of Faridabad, neither this Court has power to

transfer investigation pending in another State to Delhi. This power is vested

only in Supreme Court.

I, therefore find no force in this petition. The petition is hereby

dismissed.

August 03, 2010                           SHIV NARAYAN DHINGRA, J.
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