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High Court of DelhiW.P.(CRL)/2501/2022

Rmh General Trading Llc & ORS. v. Delhi Police Thr. Its Commissioner Of Police And ORS.

2025-04-15Hon'Ble Mr. Justice Amit Mahajan2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2501/2022 RMH GENERAL TRADING LLC & ORS.

.......Petitioners Through:

Mr.

Ranjeet Singh Chauhan, Adv.

versus DELHI POLICE THR. ITS COMMISSIONER OF POLICE AND ORS.

.......Respondents Through:

Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr.

Ashvini Kumar, Mr.

Nitish Dhawan & Ms.

Sanskriti Nimbekar, Advs.

SI Parveen Kumar, PSMalviya Nagar Mr. Satya Ranjan Swain, SPC with Mr.

Kapil Yadav, GP for R3

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 15.04.2025 1.

The petitioner essentially wants criminal action against Respondent Nos. 4, 5 and 6. It is the case of the petitioner that Respondent Nos. 4, 5 and 6, in order to defraud, fraudulently entered into a commercial relation with the petitioner. 2.

The grievance of the petitioner is that the representations given by the petitioner have not been looked into by any authority.

3.

On being pointedly asked, it is informed that no steps have been taken by the petitioner either under Section 173(3) of 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 21/04/2025 at 12:07:25

Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') or Section 175(3) of BNSS.

4.

The Hon'ble Apex Court in the case of Sakiri Vasu v. State of U.P. : (2008) 2 SCC 409 directed that the High Courts, while exercising power under Article 226 of the Constitution of India, should refrain from passing direction in the nature of registration of FIR and the aggrieved party should first be directed to follow the procedure as envisaged under Sections 173 and 175 of the BNSS [erstwhile Sections 154 and 156 of the Code of Criminal Procedure, 1973].

5.

In view of the above, this Court does not consider it apposite to pass any order in the present petition at this stage. 6.

The petitioner is at liberty to take appropriate steps in accordance with Sections 173 and 175 of BNSS. 7.

As and when any steps are taken, the concerned authority/ Court is directed to pass appropriate order without being influenced by the present petition filed by the petitioner or the Status Report filed by the State before this Court. 8.

Needless to say, the petitioner is at liberty to approach this Court in case any grievance remains in future. AMIT MAHAJAN, J APRIL 15, 2025 "SS"

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 21/04/2025 at 12:07:25