Smt Vijay Sharma v. State Of Gnct & ORS

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2035/2017 SMT VIJAY SHARMA ..... Petitioner Represented by:

Mr. Tek Chand Sharma, Advocate.

versus STATE OF GNCT & ORS ..... Respondent Represented by:

Ms. Nandita Rao, ASC on behalf of Mr. R.S. Kundu, ASC with SI Shri Gopal, PS Shakarpur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.03.2018 The prayers in the present petition by the petitioner inter alia are direction to the respondent No. 2 to register FIR under Sections 420/405/468/472/506 IPC r/w Sections 120-B and 34 IPC and for freezing the accounts of respondent Nos. 4 to 9.

The petitioner had booked a flat at Palwal, Faridabad with M/s SRS Real Estate Limited Sector-6, Palwal. The agreement in this regard was executed. Since despite making payments in instalments, respondent Nos. 4 to 9 neither returned the money nor handed over the possession of the flat, petitioner filed a complaint at PS Shakarpur. A status report has been filed as per which during the course of enquiry it was revealed that the alleged property, that is, SRS City, Phase IInd, Sector-6, Palwal, Haryana falls under the jurisdiction of district W.P.(CRL) 2035/2017

Faridabad, Haryana, thus the complaint was transferred to SSP Faridabad vide diary No. 1826/SHO/Shakarpur dated 5th July, 2017 for necessary action.

To show that this Court has jurisdiction to entertain the petition and the police at Delhi ought to have registered the FIR, learned counsel for the petitioner states that not only the petitioner/complainant is residing in the jurisdiction of PS Shakarpur but admittedly the registered office of respondent No. 4 is in Barakhamba Road, Connaught Place and the contract between the parties was entered into at Delhi. Considering the fact that the registered office of Respondent No. 4 Company is at Barakhamba Road, Connaught place, the SHO, PS Shakarpur committed an error in transferring the complaint to SSP Faridabad. SHO PS Shakarpur is directed to forward copy of the complaint to SHO PS Barakhamba Road, Connaught Place who will then take action thereon in accordance with law.

Petition is disposed of.

Order dasti.

MUKTA GUPTA, J.

MARCH 07, 2018 'yo'

W.P.(CRL) 2035/2017