Amarjeet Singh v. State & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMARJEET SINGH ..... Petitioner Through:

Mr. M.C. Kochhar, Advocate versus STATE & ORS ..... Respondents Through:

Ms.Richa Kapoor, A.S.C. for the State with Mr. Rohit Kaul & Mr. Ashish Negi, Advocates

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 20.01.2016 1.

The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India with the following prayer; i.

to issue direction to the police authorities to show the investigation done by them in FIR No.381 dated 16.07.2013, PS Uttam Nagar. ii.

to issue further direction to the police authorities to complete the investigation in a time bound period and arrest the respondent no.4 alongwith his accomplices.

2.

Notice of the petition was issued to the State. 3.

Status report has been filed to the effect that on the complaint of Mr. Rakesh Sharma case FIR no.287/13 dated 04.06.2013, under Section 420/467/471/34 IPC has been registered against Madan Lal Arora on allegations of forgery, fabrication of documents and criminal trespass in the property no.B-75, Rama Park, Uttam Nagar, Delhi in Khasra No.512, area 200 Sq. yards.

4.

In the FIR, the complainant has claimed to have purchased the

property i.e. no.B-75, Rama Park, Uttam Nagar, Delhi in Khasra No.512, area 200 Sq. Yards from its previous owner Sh. Amarjeet Singh S/o late Sh. Rajender Singh, R/o G-24/3, Rajouri Garden, New Delhi on 02.01.2013. Sh. Amarjeet Singh lodged a complaint vide NCR No.1206/12 on 01.05.2012 regarding the original documents of the said property being misplaced. 5.

Sh. Amarjeet Singh has also filed another complaint for cheating and forgery against Madan Lal Arora and an FIR no.381/2013 dated 16.07.2013 was registered on the directions issued by Ms. Aditi Garg, learned Metropolitan Magistrate, Tis Hazari Court, Delhi in the complaint case. 6.

The progress in the investigation has been reported by the SHO, PS Uttam Nagar. It is reported that on 19.03.2015 complainant Sh. Amarjeet singh alongwith his son came to the police station Uttam Nagar and joined the investigation. It is further reported that he wanted a meeting with Sh. Madan Lal Arora regarding the property in question and his son Rashmeet Singh witnessed the application. The documents which were used for getting electric connection have been seized in the case and deposited in FSL Rohini on 04.11.2014. Admitted signature of Sh. Madan Lal Arora have been obtained from the concerned bank and sent on 09.04.2015 for analysis to FSL, Rohini. The result of the same is still awaited. The witnesses who have signed on property documents in question are yet to be examined. Investigation of the case is in progress.

7.

Learned APP for State has submitted that investigation could not be concluded as result from FSL, Rohini is awaited. 8.

The investigation carried out so far has already been reported by the SHO PS Uttam Nagar. Thus no direction is required on this aspect. 9.

Another prayer made in the writ petition is for directing to complete

the investigation in a time bound manner.

10.

It has been reported by the Investigating Agency that investigation cannot be concluded till the FSL result is received. As the FSL is already overburdened and the documents in this case may be examined on its priority position, at this stage no direction is required by this Court to conclude the investigation in a time bound manner. 11.

The writ petition is dismissed.

PRATIBHA RANI, J.

JANUARY 20, 2016 'aky'