Runwell (India) Pvt. Ltd v. Govt Of NCT Of Delhi & ORS.

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 83/2025 & CRL.M.A. 733/2025 RUNWELL (INDIA) PVT. LTD .....Petitioner Through:

Mr. Ashish Negi, Mr. Satish Sharma, Advocates versus GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg, Advocate along with SI Pankaj Kumar, PS Jyoti Nagar

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 14.01.2025 1.

The present writ petition invokes Article 226 of the Constitution of India, 1950 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following prayers:

"a) Issue a Writ/Order/Direction in the nature of mandamus, thereby directing the Respondent No. 2 to take necessary and appropriate action for expediting the investigation in FIR No.0455/22 dated 29.06.2022 registered at P.S Jyoti Nagar u/s 420, 467, 468, 471, 448, 120B I.P.C;

b) Issue a Writ/Order/Direction in the nature of mandamus, thereby directing the Respondent No. 3 to take necessary and appropriate action for expediting and concluding the investigation by respondent no.4 without any further delay in a time bound manner in FIR No. 0455/2022 dated 29.06.2022 registered at P.S Jyoti Nagar u/s 420, 467,468,471,448, 120B I.P.C;

c) Pass any other order (s) /direction (s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:30:02

2.

The Petitioner contends that despite registration of the FIR No. 0455/2022 on 29th June, 2022 at Police Station Jyoti Nagar, the investigation by the police has not commenced and the same ought to be expedited. 3.

In the opinion of the Court, the Petitioner has an alternative statutory remedy available under the framework of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure, 1973 to take recourse on account of the alleged delay in investigation. 4.

Thus, in view of the alternate remedy available with the Petitioner, this Court is not inclined to entertain the present petition. It is, however, clarified that the Petitioner shall be free to approach the Trial Court through an appropriate application raising the grounds urged in the present petition, which shall be considered on its own merits and decided in accordance with law.

5.

Accordingly, the present petition along with pending application, is disposed of.

SANJEEV NARULA, J JANUARY 14, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:30:02