Poonam Malhotra v. Govt Of NCT Of Delhi & ORS.

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2524/2022 POONAM MALHOTRA .....Petitioner Through:

Mr. B. Mahapatra, Adv.

versus GOVT OF NCT OF DELHI & ORS. .....Respondents Through:

Mr. Sajeev Bhandari, ASC (Crl.) for the State along with Mr. Arjit Sharma, & Mr. Nikunj Bindal, Advs.

SI Rahul Kumar, PS New Friends Colony.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 01.04.2025 1.

The present petition has been filed for issuance of a Writ of Mandamus for transfer of investigation of FIR No. 102/ 2022 under Sections 420/467/468/471/474/120B of the Indian Penal Code, 1860 ('IPC') from Police Station New Friends Colony to CBI or any other agency.

2.

The petitioner is essentially aggrieved by the manner in which the investigation is being carried. It is stated that the documents which are subject matter of the dispute were executed long back in the year 1980 - 1999.

3.

The petitioner has made allegations of forgery against the accused persons. It is stated that due to the inaction of the respondent authorities, the petitioner filed an application under Section 156 (3) of the Code of Criminal Procedure, 1973 ('CrPC') in the year 2019 whereafter the instant FIR was ultimately directed to be registered on 08.02.2022. The investigation is still underway.

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 04/04/2025 at 14:03:33

4.

The status report, however, indicates that the Police has proceeded further and has also asked the complainant to provide the admitted signatures of the deceased Lilawati, whose signatures have allegedly been forged.

5.

It is submitted by the learned counsel for the petitioner that the signatures of the deceased in the documents, form part of the civil suit.

6.

The Investigating Officer informs that the signatures are yet to be received and as and when the same are received, they would be sent to the FSL for examination, pursuant to which further action will be taken.

7.

This Court is satisfied with the status report. The same does not require the investigation to be transferred to any other agency at this stage.

8.

At the same time, this Court does not consider it apposite to keep the present petition pending and monitor day to day investigation.

9.

The petitioner is at liberty to file an appropriate application before the learned Trial Court in that regard. 10.

The petition is disposed of with the aforesaid observations. 11.

The State is, however, directed to expediate the filing of final report.

12.

Needless to say, the petitioner is at liberty to file an appropriate petition in case any grievance remains in the future. AMIT MAHAJAN, J APRIL 1, 2025 "SK"

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 04/04/2025 at 14:03:33