Delhi High Court
Ram Niwas Lather vs State (Government Of Nct Of Delhi) ... on 19 November, 2022
NEUTRAL CITATION NO: 2022/DHC/004972
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 22.02.2021
Date of decision: 19.11.2022
+ CRL.M.C. No. 215/2021, CRL.M.A. Nos. 1111/2021 &
1112/2021
RAM NIWAS LATHER ..... Petitioner
Through: Mr. Yogesh Goel, Mr. Vijender
Singh Ahlawat and Mr. Ayush
Srivastava, Advocates.
Versus
STATE (GOVERNMENT OF NCT OF DELHI) & ANR.
..... Respondents
Through: Mr. Ashok Kumar Garg, APP for
State with SI Kamal Kohli Mr.
Rajesh Baweja, Advocate for
Complainant.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
ANU MALHOTRA, J
1. The petitioner, vide the present petition seeks the setting
aside of the order dated 16.10.2020 of the Court of the learned
CMM, District-North, Rohini Courts, New Delhi whereby
proclamation under Section 82 of the Cr.P.C. was issued against
the petitioner apart from NBWs in relation to FIR No.59/2019,
PS EOW under Sections 406/420/120B of the Indian Penal Code,
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:19.11.2022
17:50:32
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
NEUTRAL CITATION NO: 2022/DHC/004972
1860 dated 04.04.2019 apart from seeking a stay of the
proceedings before the learned CMM, District-North, Rohini
Courts, Delhi.
2. The petitioner has submitted that even before the
registration of the FIR which was registered on 04.04.2019 on
the allegations that a company known as M/s Prabhu Shanti Real
Estate Private Limited had launched a residential project in the
name of P.D.M. Hi Tech Homes consisting of more than 435
flats in more than six (6) Towers on the land measuring 8.976
Acres in Sector 3-A Bahadurgarh and the respondent No. 2/
complainant named Smt. Suman Solanki, deposited a sum of Rs.
59,93,189/- with the company for purchase of a flat and it had
been promised in the year 2012 to provide a flat within 2 ½ years
and alleged that an Apartment's Buyer Agreement was executed,
but the company had neither provided the flat to the complainant,
nor returned the money and that the Directors of that company
were alleged to have siphoned away the amount paid by various
allottees and were alleged to have cheated home buyers by not
delivering flats within the stipulated period.
3. The petitioner, as per the status report dated 01.02.2021 of
the ACP, EOW, New Delhi was one of the directors of M/s
Prabhu Shanti Real Estate Private Limited. The petitioner has
further submitted that he had joined the enquiry proceedings
before the registration of the FIR on 30.03.2019 and 01.04.2019
and that he had also joined the investigation of the case on
20.08.2019, 09.10.2019 and 05.12.2019 and thereafter on
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:19.11.2022
17:50:32
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
NEUTRAL CITATION NO: 2022/DHC/004972
22.08.2019 and 11.10.2019 even offered to join the investigation
vide letter dated 25.08.2020 and had been consistently co-
operating with the Investigating Officer during the investigation
of the case.
4. The petitioner however submits that vide order dated
24.02.2020, the Court of the learned CMM, North-Distict, Rohini
Courts, New Delhi issued NBWs against the petitioner, Bijender
Singh Lather, Joginder Singh Lather and Sajjan Singh and
thereafter, a proclamation was issued in the newspaper directing
the petitioner and his co-accused to appear before the Court of
the learned CMM, North-Distict, Rohini Courts, New Delhi on or
before the date 18.12.2020. The petitioner has further submitted
that the arrest of the petitioner was stayed by this Court vide
order dated 04.12.2020 and the case was fixed for hearing for the
date 22.01.2021 and that the petitioner joined the investigation on
15.12.2020 and 17.12.2020 and physically appeared on
16.12.2020 and 18.12.2020 before the learned, CMM, North-
Distict, Rohini Courts, New Delhi. The petitioner has further
submitted that despite the petitioner having submitted himself to
the jurisdiction of the Court, the Court of the learned CMM,
North-Distict, Rohini Courts, New Delhi continuing with the
proceedings and had adjourned the case for the date 03.02.2021
vide order dated 15.01.2021.
5. During the course of the proceedings on 25.01.2021, it was
submitted on behalf of the petitioner that he had already appeared
before the Trial Court and had joined the investigation.
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:19.11.2022
17:50:32
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
NEUTRAL CITATION NO: 2022/DHC/004972
6. The status report of the State dated 01.02.2021 of the ACP,
EOW corroborates the submission of the petitioner that pursuant
to interim protection having been granted to the petitioner with
directions to him to join the investigation before the Investigating
Officer on 15.12.2020, 17.12.2020 and 20.01.2021, the petitioner
herein had joined the investigation.
7. The present petition filed by the petitioner is dated
19.01.2021, though the submission through the status report is to
the effect that sustained interrogation of the petitioner is required,
the same is in relation to the aspect of consideration of pleas for
grant of bail or otherwise, the purpose of proceedings under
Section 82 of the Cr.P.C., 1973 is to compel a person to put in
appearance before the Court concerned apart from the said
aspect, it cannot be overlooked that offence punishable under
Section 406/420/120B of the Indian Penal Code, 1860, do not fall
within the ambit of Section 82(4) of the Cr.P.C., 1973.
8. In view thereof, the proceedings under Section 82 of the
Cr.P.C., 1973 initiated against the petitioner vide proceedings
dated 16.10.2020 are set aside.
9. The petition and all the accompanying applications are
disposed of accordingly.
ANU MALHOTRA, J.
th
NOVEMBER 19 , 2022/nc
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:19.11.2022
17:50:32
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
