Delhi High Court
Umesh Verma & Anr. vs State Of Nct Of Delhi & Ors on 30 October, 2018
$~5
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on:- 30th October, 2018
+ CRL.M.C. 4203/2015 and Crl.M.A.15012/2015
UMESH VERMA & ANR. ..... Petitioners
Through: Mr. Tanmaya Mehta, Advocate
with Mr. Anurag Sahay, Mr.
Roopesh Singh, & Mr. Ruchir
Batra, Advocates
versus
STATE OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Sanjeev Sabharwal, APP
for the State with SI Sachin, PS
Subhash Place.
Mr. Nitin Ahlawat, Advocate
for R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER (ORAL)
1. On the complaint (CC No.197/01/14) of the third respondent
under directions of the Metropolitan Magistrate, by order dated
07.09.2015, the Station House Officer of Police Station Subhash Place
registered first information report (FIR) No.944/2015 on 16.10.2015
for investigation into offences allegedly committed, inter alia, by the
petitioner, they statedly being punishable under Sections
420/407/416/467/468/380/506/120-B of the Indian Penal Code, 1860
(IPC).
2. The present petition was filed invoking the inherent power and
jurisdiction of this court under Section 482 of the Code of Criminal
Procedure, 1973 (Cr.P.C.) to assail the said order of the Metropolitan
Magistrate, and the consequent action taken thereupon, primarily on
the grounds that the allegations in the FIR lodged at the instance of
third respondent are incredible, they being fabricated, a case attempted
to be set up being in the nature of an afterthought and counterblast, a
case having already been registered by police at the instance of the
petitioner against the third respondent, it being FIR No.429/2012 of
Police Station Subhash Place, allegedly for offences, inter alia,
punishable under Sections 403/414 IPC.
3. After some hearing, the learned counsel for the petitioner, on
instructions, submitted that he does not press the prayer for quashing
of the FIR No.944/2015 or setting aside of the order dated 07.09.2015
of the Metropolitan Magistrate, his modified prayer being that both the
above-mentioned FIRs being in the nature of cross-cases, they having
been entrusted to District Investigation Unit (DIU) and having thus far
seen no effective probe, be entrusted to a superior investigating
agency with directions that the investigation into both the cases be
carried out simultaneously by the same investigating officer, so that
each culminates in reports under Section 173 Cr.P.C. being submitted
at the same time before the same criminal court of cognizance for
further proceedings in accordance with law to be held thereupon.
4. During the course of hearing, it was brought out that the FIR of
the petitioner has not made any meaningful progress even though six
years have passed. There seems to be no plausible explanation for
such undue delay. Similar grievance has been agitated by the third
respondent whose submission is that no action was taken by the local
police on his complaint initially lodged on 03.05.2012 and that he was
constrained eventually to approach the Metropolitan Magistrate
seeking an order under Section 156(3) Cr.P.C., and even though a
direction was given by order dated 07.09.2015 and FIR was registered
in its wake, the investigation has been tardy and slow.
5. In the above facts and circumstances, this court deems it just
and proper that the investigation of both the aforementioned FIRs, i.e.
FIR No.429/2012 and FIR No.944/2015 of Police Station Subhash
Place be entrusted to an agency superior to the DIU. Going by the
submissions of the Additional Public Prosecutor, this court finds the
Economic Offences Wing (EOW) of Delhi Police to be the appropriate
agency which can carry out the task in a more effective manner. Thus,
it is directed that the Commissioner of Police shall issue
administrative orders shifting the investigation of the above mentioned
FIRs to the EOW of Delhi Police. Needless to add, this court will
hope and expect that the investigation into two FIRs will hereafter be
expeditious and the same shall culminate in reports of investigation
under Section 173 Cr.P.C. being submitted to the appropriate court of
cognizance at an early date and at the same point of time. The
investigation officer deputed by EOW shall be common to both the
cases.
6. The petition and the application filed therewith stand disposed
of with these directions.
R.K.GAUBA, J.
OCTOBER 30, 2018
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