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High Court of DelhiW.P.(CRL)/3079/2019

Anil Mahajan v. The State Of NCT Of Delhi & ORS

2019-11-01Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3079/2019 ANIL MAHAJAN ..... Petitioner Through:

Mr Sudarshan Rajan and Mr Mukesh Kumar, Advocates.

versus THE STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr Jamal Akhtar, Advocate for Mr Rahul Mehra, Standing Counsel for State with Insp. Rajesh Sharma with SI Karan Singh, IO, PS Lodhi Colony, New Delhi.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.11.2019 1.

The petitioner has filed the present petition, inter alia, praying that the investigation officer be directed not to harass the petitioner unnecessarily. The petitioner is stated to have sold a car bearing no.HR-29 AF 1600 to the complainant. The petitioner states that car as well as all documents relating to transfer of the car were handed over to the purchaser (the complainant) on 06.10.2019.

2.

He had complained that in the intervening night of 06.10.2019 and 07.10.2019 the vehicle had been stolen. An e-FIR for theft of the car (e-FIR No.35813/2019) was registered with PS Lodhi Colony under Section 379 of the IPC.

3.

The petitioner states that he is being harassed by the IO and is being

compelled to pay the cost of the car to the complainant. 4.

The IO is present in the Court and states that there is some suspicion regarding the conduct of the petitioner not in the context of the vehicle being stolen, but in the context of the sale transaction. 5.

In view of the averments made in the present petition and the facts obtaining in this case, this Court considers it apposite to direct IO to prepare a comprehensive questionaire in regard to the inquiries to be made from the petitioner. The petitioner shall answer the same. This is to address the petitioner's grievance that he is being called by the IO repeatedly. 6.

The IO shall also ensure that no demand is made on the petitioner to pay any compensation.

7.

The petition is disposed of with the aforesaid directions. 8.

It is clarified that nothing stated in this order should be construed as an expression of opinion on any facet of the case and/or investigations being conducted.

VIBHU BAKHRU, J NOVEMBER 01, 2019 MK