Delhi High Court
Sonu Malik vs State Nct Of Delhi & Ors. on 7 October, 2010
Author: Sanjiv Khanna
21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1395/2010
SONU MALIK ..... Petitioner
Through Mr. Sheikh Israr Ahmad, Adv.
versus
STATE NCT OF DELHI & ORS. .... Respondents
Through Mr. Vikas Pahwa, ASC with
Mr.Vaibhav Sharma, Adv. for
Mr.Ranjit Kapoor, ASC for State.
Head Constable Rohtash Kumar.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 07.10.2010
1. I have heard the counsel for the petitioner and the learned
Additional Standing Counsel for the State.
2. The petitioner has prayed for following reliefs:-
"a) Institute a vigilance inquiry against the H.C.
Rohtas Kumar & Romil Banniya ACP Geeta Colony.
b) Transfer the case of all six FIR's to the CBI/Crime
Branch/SIT or any other investigating agency for fair
and correct investigation under the supervision of a
senior officer.
c) No coercive action may kindly be not taken against
the petitioner in all the above mentioned FIR's.
d) Protect the petitioner from the ill actions of the
erring police officers.
Any further order or direction may also be passed as
this Hon'ble Court deems fit and proper in the
circumstances of this case."
W.P.(Crl) 1395/2010 Page 1
3. The allegation made by the petitioner is that the Head Constable
Rohtas with Mr. Romil Banniya, ACP, Geeta Colony due to personal
vendetta have been harassing him illegally by raiding his premises in Delhi
and outside Delhi. It is alleged that the petitioner has been forced to shut
down his office and business. It is stated that the petitioner is a man of
means having large number of properties and the allegations against the
petitioner per se are false and have no basis as no person having so much
wealth will indulge in petty crimes like chain snatching etc.
4. Learned Additional Standing Counsel has submitted that 21
complaints have been received from East Delhi, wherein persons have been
duped and virtually hypnotized to part away with their ornaments and
jewellery items. It is stated that on the basis of these 21 complaints, 7 FIRs
have been registered. The modus operandi adopted in these complaints is
the same. It is stated that victims have stated that two unknown boys on a
scooter or otherwise and use to stop well off senior citizens, who were
wearing gold jewellery. These two boys would shower respect, obeisance
and talk to the victims with reverence. They use to ask the victims to give
them their blessings but would make the victims part with their jewellery or
W.P.(Crl) 1395/2010 Page 2
other articles.
5. Learned Additional Standing Counsel has shown me copy of the 7
FIRs.
6. It is stated on the basis of the complaints received, a trap was laid
and on 23rd July, 2010 one person was spotted on the scooter
No.DL-4SAY-8367 and on pointing out of the complainant, Ram Gopal son
of Kalu Ram was arrested. It is alleged that on interrogation, Ram Gopal
disclosed the name of the petitioner as his associate and the main accused
behind the said cases. It is alleged that on the basis of the disclosure made
by Ram Gopal recoveries have been effected from his house at Meet Nagar.
Ram Gopal has stated that the mobile telephone number of the petitioner
is 9910685340, but this telephone connection was taken on identification
papers in his name. It is the case of the prosecution that outside the
business premises of the petitioner on the bill board, the aforesaid mobile
number 9810685340 is mentioned. Learned Standing Counsel has shown
me photographs of the iron shutter and the sign board of the shop of the
petitioner with the said telephone number. Police has obtained records
from the service provider to establish that this telephone number
9910685340 was within the vicinity/area of crime when the alleged
W.P.(Crl) 1395/2010 Page 3
offences were committed. It is stated that Ram Gopal and the petitioner
were in constant touch with each other and this fact is proved and
established from the telephone details, which have been obtained from the
service provider. The data has been shown to me.
7. The petitioner does not dispute and deny that he knows Ram Gopal.
In the writ petition itself it is mentioned that Ram Gopal is distantly known
to the petitioner. It is also stated that six FIRs pertaining to snatching of
articles and impersonating on the road side and taking away gold ring and
gold chains, have been planted on Ram Gopal.
8. Learned counsel for the petitioner has produced before me certified
copies of two orders passed by the Metropolitan Magistrate in FIR
Nos.146/2010 and 315/2010. In these FIRs, Ram Gopal has been released
unconditionally. Order passed in FIR No.146/2010 records that no recovery
of the case property has been made and the complainant in the said case
had refused to participate in the TIP and, therefore, the prosecution does
not have any incriminating material. In FIR No.315/2010 Ram Gopal was
released as the Investigating Officer had submitted that in spite of
disclosure statement, no recovery could be affected.
9. Learned Additional Standing, however, points out that in five other
W.P.(Crl) 1395/2010 Page 4
cases TIP was conducted. In two cases the complainants have identified
Ram Gopal and in three cases Ram Gopal has refused to participate in the
TIP. It is submitted by the learned Standing Counsel that that the petitioner
is absconding and is not cooperating in the investigation. He states that in
FIR No.339/2010 police station Anand Vihar and FIR No.197/2010 police
station Geeta Colony, proceedings against the petitioner under Section 82
and 83 of Code of Criminal Procedure are pending before the Metropolitan
Magistrate.
10. In view of the aforesaid facts, I am not inclined to grant any relief to
the petitioner. Writ petition is dismissed. The original papers/copy of the
FIRs have been returned to the Additional Standing Counsel. It is clarified
that the observations made in this order are for the purpose of the disposal
of the present petition and will not be construed as expression of opinion
on merits binding on the trial court.
SANJIV KHANNA, J.
OCTOBER 07, 2010
NA/J
W.P.(Crl) 1395/2010 Page 5
