Manjeet v. State of NCT of Delhi

Delhi High Court · 27 Apr 2018 · 2018:DHC:9090
Mukta Gupta
W.P.(CRL) 2878/2017 & 2880/2017
2018:DHC:9090
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed petitions challenging ongoing investigations under Section 420 IPC, allowing withdrawal with liberty to seek remedies before the trial court.

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$~30&^1the COURT OF DELHI AT NEW DELHI
W.P.(CRL) 2878/2017
•esented bv:
Yadav, Advocates
+ a/taxttpft ....Petitioner
Represented by: Mr.B.P.Singh with Mr.Ankur
+
VERSUS
STATE OF NCT OF DELHI &ORS
Represented by: Mr.Ashish Aggarwal, ASC tor the State withSI OmPrakash, PS Jagat Puri
W.P.(CRL) 2880/2017
BEERBAL... Petitioner
Represented by; Mr.B.P.Singh with Mr.Ankur
Yadav, Advocates
VERSUS
STATE OF NCT OF DELHI &ORS -
Represented by: Mr.Ashish Aggarwal, ASC for the State with SI OmPrakash, PS Jagat Puri
O CORAM*
HON'BLE MS. JUSTICE MUKTA GUPTA
0/„ 27.04.2018
Petitioners Manjeet andBeerbal got lodgedFIRNo.130/2016 and FIR
No.128/2016 respectively under Section 420 IPG registered atPS Jagat Pun pursuantto the directions under Section 156(3) Cr.P.C.
Paee 1 of2
W.P.(CRL) 2878/2017 &2880/2017
2018:DHC:9090
The allegations of the two complainants were that an advertisement was being displayed at OLX in respect of sale of a JCB and after the petitioners contacted the said mobile number and checked the vehicle at
Hong Kong Mall at Ghata village, they were satisfied. The deal was finalized in boththe cases at ?17 lakh. The case of the complainant Manjeet is that token money of ^50,000/- was given whereafter ^1.5 lakh and then lakh were also given. However, no proper agreement was signed and they were cheated. As per the Status Report, pursuant to registration of the two
FIRs, investigation was carried out. Initially, the accused persons were not found residing at the given address i.e. House No.1033, Village Nathupur, Distt. Gurgaon, Haryana, however, later, they were tracedat AyaNagar.
The accusedwere interrogated who statedthat a price negotiation was done, however, only ?21,00Q/- was handed over out of which, ^10,000/- were taken by Beerbal as his commission. Since the balance payment was
.not paid, machine could not be given to the petitioners.
Learned ASC for the State submits that the investigation is almost finalized and within four weeks, cancellationreports will be filed before the
Court of competent jurisdiction.
In view of the statement of learned ASC, learned counsel for the petitioners seeks leave to withdraw the petitions with liberty to take the remedies before the learned Metropolitan Magistrate. Leave and liberty granted.
Petitions are dismissed as withdrawn.
APRIL 27, 2018 MUKTA GUPTA, J.
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W.P. (CRL) 2878/2017 &2880/2017 Page 2 of2
2018:DHC:9090
JUDGMENT