Niimal Singh Lamba v. The Commissioner of Police & Ors

Delhi High Court · 01 Aug 2019 · 2019:DHC:7737
Mukta Gupta
W.P.(CRL)3850/2018 & conn.matter
2019:DHC:7737
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed writ petitions seeking directions for investigation and FIR registration after closure reports were filed, directing petitioners to pursue alternate remedies under criminal law.

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$-59 &60 HIGH COURT OF DELHI
W.P.(CRL)3850/2018
NIIIMAL SINGH LAMBA Petitioner Represented by: Mohd.Sarfaraj,Proxy Counsel for
Mr.Praveen Suri, Advocate
VERSUS
THE COMMISSIONER OF POLICE& ORS Respondents Represented by: Ms.Kamna Vohra,ASCfor the State with Insp.Yogeshwar Singh and SI
Manmeet,PS Kalkaji Mr.Amit Mahajan,CGSC with Ms.Mallika Hiremath and Mr.Gitesh
Chopra,Advocates for R-4
W.P.(CRI.)3851/2018
GURVINDERKAURLAMBA Petitioner Represented by: Mohd.Sarfaraj,Proxy Counselfor
Mr.Praveen Suri,Advocate
VERSUS
THECOMMISSIONEROFPOLICE&ORS Respondents Representedby: Ms.Kanma Vohra,ASCfortheState withInsp.Yogeshwar Singh and SI
Manmeet,PS Kalkaji Mr.Amit Mahajan,CGSC with Ms.Mallika Hiremath and Mr.Gitesh
Chopra,Advocatesfor R-4
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPIA page 1 of3
W.P.(CRL)3850/2018& conn.matter
2019:DHC:7737
01.08.2019 Crl.M.A.No.6818/2019 in W.P.fCrl.)No.3850/2018
Crl.M.A.No.6820/2019 in W.P.(Crl.)No.3851/2018
ORDER

1. The prayers made in the petitions are as under;- "a) By way of an appropriate i.e. quo-warranto/writ of certiorari directions be made to the respondent Nos.l to 4 to investigate the cognizable offences as disclosed by the petitioner in his complaintdated22.10.2018; b) A FIR may be registered against all the Directors of the Company in question; c) Costs of the present writ petitions be awarded in favour ofthepetitioner andagainstthe respondents. d) Any other order as may be deemedfit and proper in view ofthe aforesaidfacts and circumstances may also be passed in favour of the petitioners and against the respondents."

2. Thoughthe petitioners haveimpleaded Directorate ofEnforcementas respondent No.4 however as noted above in the prayers,there is no prayer with regardto anyinvestigation orrecording ofECIRbythe Directorate of Enforcement.

3. Status reports have been handed over in both the petitions which are taken onrecord. As perthe statusreports,onthetwocomplaints which are subject matter ofthe two writ petitions FIR Nos.462/2018 and 463/2018 under Section420/34IPC have been registered atPS Kalkaji and a closure reportduetolackofproper/adequateevidencehasbeenfiledbeforethe page2of[3] W.P. (CRL)3850/2018& conn.matter p learned Metropolitan Magistrate.

4. The learned Metropolitan Magistrate has issued notice to the complainanti.e.the petitioners herein returnable for 30'*^ October2019.

5. After investigation, closure reports having been filed, the petitioners would be entitled to avail alternate remedies as available to the petitioners.

6. The applications are thus disposed ofas no further orders are required to be passed granting liberty to the petitioners to take remedies as available in law. UKTA GUPTA,J. AUGUST 01,2019 mamta W.P.(CRL)3850/2018& conn.matter page3of[3]