High Court of DelhiW.P.(CRL)/370/2025

I.A. Housing Solutions Pvt Ltd. v. Government Of NCT Of Delhi And ORS.

2025-02-03Hon'Ble Ms. Justice Manmeet Pritam Singh Arora3 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 370/2025 I.A. HOUSING SOLUTIONS PVT LTD.

.....Petitioner Through:

Mr. Amit Verma, Adv.

versus GOVERNMENT OF NCT OF DELHI AND ORS. .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kr. Arya, Adv.

SI Ashok Ahlawat, PS R.K. Puram

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 03.02.2025 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 of Criminal Procedure Code, 1973 (Cr.P.C.) and 528 of Bhartiya Nagarik Suraksha Sanhiyta, 2023 (BNSS) seeking following reliefs:

a) issue the Writ of Mandamus directing the SHO R.K. Puram to file the status report along with affidavit and record the reasons for delay in CC No. 5510/2020 and CC No. 5652/2020 b) issue the Writ of Mandamus directing the SHO R.K. Puram to Register the FIR against the Respondents No. 2 & 3 under section 174A IPC in CC No. 5510/2020 and CC No. 5652/2020 c) issue the Writ of Mandamus directing SHO R.K. Puram to attach the Properties of the Proclaimed Offenders in CC No. 5510/2020 and CC No. 5652/2020 d) issue the Writ of Mandamus directing the learned Court to complete the trial in CC No. 5510/2020 and CC No. 5652/2020 on early basis The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

within 3 months;

e) issue a Writ for constitution a Special Investigation Team (SIT) for a transparent and speedy investigation in CC No. 5510/2020 and CC No. 5652/2020; and/or 2.

A perusal of the paper book shows that Petitioner had previously filed petition i.e., CRL. M.C. 9235/2024 for identical reliefs. However, the said application was dismissed as withdrawn. The order read as under: "1. Counsel for petitioner points out that proceedings under Sections 138 NI Act in CC Nos. 5510/2022 and 5652/2020 were registered before the Metropolitan Magistrate, Patiala House Court, New Delhi, in which the trial is still pending.

2. A summoning order had been issued on 02nd April 2022 against Respondent Nos. 2,3 and 4, thereafter, NBWs were issued in November, 2022.

3. Respondent No. 4 appeared through VC, and NBW's were stayed in June 2023, however, Section 82 Cr.P.C. proceedings were initiated against Respondent No. 2-3. Thereafter, on 20th April 2024, respondent no. 2-3 was declared proclaimed offenders.

4. APP for State states on instructions that the Action Taken report has been filed before the Trial Court, and the matter is now listed on 29th November 2024.

5. Petitioner seeks to withdraw this petition with liberty to approach before the Trial Court to seek appropriate directions, for registration of an FIR under Section 174A of the Cr.P.C.

6. Accordingly, petition is dismissed as withdrawn. Pending Applications (if any) is disposed of as infructuous.

7. The Trial Court will consider the issue in accordance with law.

8. Order be uploaded on the website of this Court." 3.

Learned counsel for the Petitioner states that after 27.11.2024 an application was filed before the Trial Court however the same has been deferred for consideration to 31.05.2025.

The Trial Court is requested to consider and dispose of the said application in accordance with law, on the next date of hearing. 5.

The present petition is disposed of with the aforesaid directions. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Petitioner will be at liberty to avail its remedies against the order passed by the Trial Court on the said application, as are available to him. 7.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J FEBRUARY 3, 2025/hp/sk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.