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IN THE HIGH COURT OF DELHI
Rajnish Bhatnagar, J.
Divya K Singh - Appellant
Versus
Union of India - Respondent
W.P.(Crl) No. 1702 of 2019
Decided On : 06-03-2020




The court affirmed that once a charge sheet is filed and the investigation is deemed satisfactory, there is no basis for transferring the case to another agency for further inquiry.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 156(3) - The petitioner sought transfer of investigation regarding FIR No. 204/2016 from local police to the Central Bureau of Investigation due to unsatisfactory investigation - The Court emphasized the legitimacy of the current investigation and dismissed the petition. (Paras 1, 17, 19)

(B) Impersonation and Fraud - The case involved multiple instances of impersonation related to ownership of properties, leading to charges against various individuals for conspiracy and related offenses. (Paras 3-16)

Facts of the case:
The petitioner alleged continuous threats and improper conduct of investigations pertaining to property fraud involving the impersonation of her deceased grandmother. Charges were brought against co-conspirators for forgery, impersonation, and related offenses.

Findings of Court:
The investigation was found to be thorough with arrests made based on substantive evidence, affirming that the status report justified the actions taken by police, dismissing the need for external transfer of case.

Issues: The core issue was whether the ongoing investigation was satisfactory and if there was justification for transferring it to a different agency.

Ratio Decidendi: The Court ruled that since a charge sheet had already been filed and sufficient inquiries had taken place, there was no necessity for a transfer of investigation to another agency.

Result: The petition is therefore dismissed and disposed of accordingly.

Table of Content
1. impersonation and property disputes. (Para 2 , 3)
2. investigation procedural actions. (Para 4 , 5 , 6)
3. request for investigation transfer. (Para 7)
4. details of the investigation and arrests. (Para 9 , 10 , 11 , 12)
5. court's reasoning against transferring investigation. (Para 17 , 18 , 19)
6. dismissal of the petition. (Para 20)

JUDGMENT

Rajnish Bhatnagar, J. The petitioner has filed the present petition with the following prayer:

"Issue an appropriate writ, order or directions to transfer the investigation in FIR No. 204/2016 dated 27.5.2016 from P.S.Tilak Marg, New Delhi to the Central Bureau of Investigation or any other independent investigating Agency as this Hon'ble Court may deem fit and proper."

2. Brief facts of the case are that on 13.5.2016 a complaint was lodged by the petitioner at P.S.Tilak Marg informing that the complainant's grand-parents owned several properties including H.No. F-146, Malcha Marg, New Delhi where the complainant lives with her mother. Her grand-father passed away on 15.1.2009 and her grandmother passed away on 24.9.2010. Their children including the petitioner's father were embroiled in litigation in respect of the estate left behind by them. According to the petitioner, on 3.5.2016 one R.K.Yadav claiming himself to be the Assistant Commissioner of Police with the Crime Branch came to their house seeking details of the properties and ownership. He coerced the petitioner into providing copies of documents such as Will, Gift Deed and other documents with respect to their properties.

3. On 6.5.2016, the complainant received a notice from the court of learned Civil Judge, Patiala House in respect of civil suit bearing no. 190/2015 titled as "Smt. Lamkaur Vs. State of NCT of Delhi". The petitioner and her father visited the court on 13.5.2016 and noticed that a group of people, including three men and two women, were discussing the said case. The petitioner heard them discussing certain documents pertaining to her late grandmother's properties in Ghaziabad and Noida and saying that due to bad photocopying name of Labh Kaur was read as `Lam Kaur', because of which, the suit was filed in the name of `Lam Kaur'. The petitioner took the photographs of all these persons and when the case was called, one of the two women presented herself as `Lam Kaur' and proposed to move an application for correction of the name. At that time, the petitioner and her father appeared before the court along with their lawyer and brought the true facts in the knowledge of the court and informed that the original `Labh Kaur' had passed away several years ago i.e. in 2010 and plaintiff-lady before the court was an imposter. The matter was passed over and the court directed all the parties to produce their identity cards. When the matter was called again, no one appeared from the side of the plaintiff and the petitioner, on her part, submitted copies of the passport and death certificate of her grandparents namely Late S. Sohan Singh and Late `Labh Kaur'. The court after taking serious view in the matter directed SHO, P.S. Chankyapuri to submit a report in this regard. On 27.5.2016 which was the next date of hearing the concerned Judge directed the police officials from P.S.Tilak Marg to register an appropriate case if any impersonation or cognizable offence was made out. Upon inquiry, it was revealed that the said `Lam Kaur' was actually one Krishna Wanti and was impersonating as the petitioner's grandmother. Accordingly, FIR bearing no. 204/2016 under Section 420/419/120-B IPC was register at P.S.Tilak Marg.

4. After the investigation in this case, charge sheet was filed by the Investigating Officer thereby naming Krishnawanti, Mohd. Zeeshan, Bharat Bhushan, Baljeet Singh and Pooja Sharma while exonerating accused Dharmender and Mohd. Javed on the ground of insufficient evidence.

5. Later on, a supplementary charge-sheet was filed by the IO qua one Sushil Bansal under Sections 420/419/467/468/471/1

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