Uttarakhand High Court
The Petitioner Has Preferred The ... vs Jameel A. Khan & Others" on 14 February, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
CRIMINAL TRANSFER APPLICATION NO. 04 OF 2022
(under Section 407 of the Code of Criminal Procedure)
14TH FEBRUARY, 2023
BETWEEN:
Anil Kumar Aggarwal .....Petitioner.
And
Jamil A. Khan & another ....Respondents.
Counsel for the Petitioner : Mr. Bhuwan Bhatt, learned
counsel.
Counsel for the Respondents : Mr. Vinay Bhatt, learned counsel.
The Court made the following:
JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)
The petitioner has preferred the present petition
under Section 407 of Cr.P.C. to seek transfer of Suit No.7111
of 2020, "State of Uttarakhand vs. Jameel A. Khan & others",
under Section 406 IPC, pending in the Court of Chief Judicial
Magistrate, Rudrapur, District Udham Singh Nagar to any
other place in the State of Uttarakhand.
2. The case of the petitioner is that he booked three
flats in the NRI Lake City Rudrapur, which were being
constructed by M/s Samia International Builders Pvt. Ltd.
Respondent Nos.1 and 2 are the CMD and Director of the said
company respectively. The petitioner paid total Rs.37.00
Lakhs towards the sale consideration of three flats. The said
company, however, did not deliver possession of the flats to
the petitioner. Consequently, the petitioner lodged a police
complaint under Sections 420, 467, 468, 471 IPC, on the
basis of which, FIR No.0102 of 2018 was registered at Police
Station Rudrapur, District Udham Singh Nagar on
09.03.2018. After investigation, charge-sheet stands filed in
the said case before the CJM, Udham Singh Nagar under
Section 406 IPC. The accused, i.e. the respondents, were
summoned vide order dated 10.12.2020.
3. The case of the petitioner is that to attend to the
case which was fixed on 05.03.2021 he left from Dehradun by
taxi to Rudrapur, Udham Singh Nagar. He claims that two
masked men approached him and threatened him in the
following words:-
"अिनल अ वाल तू जमील-ए-खान वाले मुक़दमे म पैरवी करने आया
आ है , हमारी बात ान से सुन तुझको पहली और आ खरी बार चेतावनी
दे ने आये ए ह, मुक़दमे म दोबारा पैरवी करने भूलकर भी मत आना वरना
तेरा दे हरादू न तक का रा ा ब त ल ा है , तू रा े से कहां गायब हो
जायेगा, तुझे पता भी नहीं चलेगा।"
4. The petitioner states that on receiving the said
threat, he immediately returned back to Dehradun at about
9:30 PM. Thereafter, on 06.03.2021, he filed a complaint
before the Senior Superintendent of Police, Dehradun, and
also sent the said complaint to the Senior Superintendent of
Police, Udham Singh Nagar on the very same day. However,
no action has been taken on the said complaint by the police
authorities.
5. The petitioner further discloses that the Real Estate
Regulatory Authority vide its order dated 12.03.2020 directed
M/s Samia International Builders Pvt. Ltd. to refund the entire
money, i.e. Rs.37.00 lakhs, to the petitioner with interest
@10.15% per annum, which they have failed to refund. The
petitioner has also filed Execution Case No.14 of 2020, which
has been disposed of, and against which, the respondents
have filed an appeal. In the light of the aforesaid, the
petitioner has serious apprehension of danger to his life if he
proceeds to pursue his case before the CJM, Rudrapur,
District Udham Singh Nagar.
6. The grievance of the petitioner is that the police
authorities have turned deaf ears to his complaint.
7. Learned counsel for the respondents states that
respondent No.2 has ceased to be the Director on
31.01.2011.
8. Heard learned counsel for the petitioner, learned
counsel for the respondents, as well as learned counsel for
the State.
9. The petitioner is firstly entitled to seek protection,
and the State authorities are obliged to grant him protection
to enable him to pursue his case without any fear from any
quarters. The State is also obliged to inquire into the
complaint made by the petitioner, and act accordingly.
10. I, therefore, dispose of this petition with a direction
to the State to examine the threat perception experienced by
the petitioner in the light of reputation and conduct of the
respondents, and provide adequate protection to him so as to
enable him to pursue his case before the CJM, Rudrapur,
District Udham Singh Nagar. I also direct the State to
examine the complaint made by the petitioner, and to act
thereon, under intimation to the petitioner.
11. The petition stands disposed of in the aforesaid
terms.
12. Pending application, if any, stands disposed of.
(VIPIN SANGHI, C.J.)
Dated: 14th February, 2023
NISHANT
