Ramesh Sanka v. State Of NCT Delhi & ANR.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1406/2020 RAMESH SANKA ..... Petitioner Through:

Mr Manik Dogra, Mr Roshan Jaitley and Mr Akshay Sharama, Advocates.

versus STATE OF NCT DELHI & ANR.

..... Respondents Through:

Mr Rajesh Mahajan, ASC for State

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.09.2020 CRL. M.A. 12247/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 1406/2020 & CRL. M. A. 12246/2020 2.

The petitioner has filed the present petition, inter alia, praying as under:- "a) Issue Writ, Order or Directions under Article 226 of the Constitution of India for issuance of writ in the nature of mandamus or any other appropriate writ or direction to the Respondent No.1 to transfer and consolidate the complaints filed in Ashok Vihar Police station, New Delhi in May, 2020; Kamla Nagar Police station in May, 2020; Dwarka Sector 17 Police station in June 2020 and; Economic Offences Wing (EoW) in August, 2020 filed by the Respondent No.2 against the petitioner herein to the Economic Offences Wing, Delhi Police, Mandir Marg, Delhi;

b) Issue Writ, Order or Directions under Article 226 of the Constitution of India for issuance of appropriate writ in the nature of mandamus or any other writ or direction restraining the Respondent No.2 from abusing the process of law and not to make complaints of similar nature against the Petitioner in different jurisdiction/ police station/ agencies/ departments."

3.

Insofar as the petitioner's prayer that respondent no.2 be restrained from making any complaint against the petitioner is concerned, no such blanket order can be passed. The right of the respondent to make complaints cannot be curtailed.

4.

Needless to state that if multiple and frivolous complaints are made, the concerned police authorities shall take the same into account while making their inquiries.

5.

Insofar as the petitioner's prayer that complaints may be consolidated, it is pointed out that none of the complaints mentioned by the petitioner have fructified into an FIR as yet and are only at the stage of inquiries. 6.

Mr Mahajan, learned ASC submits that an FIR has already been filed with PS Sector-65, Gurgaon. If the complaints are found to be in regard to the same subject matter, the same would also be forwarded to the concerned police station.

7.

In view of the above, this Court does not consider it apposite to pass any order regarding consolidation of complaints. The police authorities are expected to take appropriate steps with regard to the said complaints in

accordance with law.

8.

The petition is disposed of with the aforesaid observations. VIBHU BAKHRU, J SEPTEMBER 7, 2020 MK