IMPORTANT POINT
The court established that an FIR cannot be quashed solely on jurisdictional grounds if it discloses a cognizable offence, and that the police have a statutory duty to investigate such offences.

JUDGMENT :

Devashis Baruah, J.

The instant writ petition has been filed by the Petitioner challenging the FIR dated 28.06.2021 lodged by the Respondent No. 5 before the Officer-In-Charge of Sector 10-A Gurugram Police Station at Haryana.

2. This Court have duly perused the translated copy of the FIR which has been enclosed as Annexure-3 to the writ petition. From a perusal of the said FIR, it reveals that the Respondent No. 5 claims that he has a broom making factory at Gali No. 1, Vikash Nagar, Gurugram and carries on business in the name and style of “ D.S. Enterprise”. It is alleged in the FIR that a person named Ritu Moni Kalita had contacted the Respondent No. 5 and asked him to take raw materials for making broom from him. The Respondent No. 5 thereupon went to Jagiroad to meet the said Ritu Moni Kalita. It is further alleged that the said Ritu Moni Kalita came to the Respondent No. 5 and informed the Respondent No. 5 that if he puts Rs.3,00,000/- in the account of Shri Ritu Moni Kalita, the said person would send the raw materials for making broom to Gurugram. It was alleged that the Respondent No. 5 deposited Rs. 2 lakhs on 26.02.2020 and Rs. 1 lakh on 29.02.2020 in the said Ritu Moni Kalita’s Bank Account No.20338340324 located at VIP Road. It is further alleged that the said Ritu Moni Kalita assured the Respondent No. 5 that he would send the entire consignment to Gurugram after 2 days. The Respondent No. 5 further alleged that he called the said Ritu Moni Kalita and the said person informed that after 3 days the truck would be leaving and the Respondent No. 5 was further asked to deposit Rs.40,000/- in the account and put Rs.20,000/- in the account of the transporter i.e. the Petitioner. The Respondent No. 5 further alleged that he had deposited Rs.40,000/- in the account of the said Ritu Moni Kalita and Rs.20,000/- in the Account No. 07572020000199 bearing IFSC Code -0002930 of the said Assam Haryana Road ways. Pursuant thereto, the Respondent No. 5 called the said Ritu Moni Kalita who instructed the Respondent No. 5 to talk to the Petitioner. The Respondent No. 5 spoke to the Petitioner who informed him that another amount of Rs.2,50,000/- had to be deposited in the account of Ritu Moni Kalita then the truck would come. It was specifically alleged that the Petitioner informed the Respondent No. 5 that on payment of the said amount he guaranteed that the truck would come. Under such circumstances, the Respondent No. 5 again deposited another amount of Rs.2,30,000/- in the account of the said Ritu Moni Kalita. However, the goods were not delivered on one hand and the Respondent No.5 was threatened by the Petitioner and the said Ritu Moni Kalita for which the said FIR was lodged alleging that the said Ritu Moni Kalita and the Petitioner had cheated the Respondent No. 5 with an intention of harming his business and also cheated with the amount of Rs.5,90,000/-. The said FIR upon being lodged before the Officer-in-Charge of the Police Section Sector 10-A Gurugram was registered as FIR No.0427/2021 under Section 406 of Indian Penal Code. The Petitioner being aggrieved at the FIR being lodged against him has approached this Court by filing the present writ petition.

3. It is the case of the Petitioner that the Petitioner is no way involved as regards the allegations so made in the said FIR inasmuch as the Petitioner have only received an amount of Rs.20,000/- in his account standing in the name of Assam Haryana Road Line as advance. It is under such circumstances that the instant writ petition was filed seeking the following reliefs :-

(A) A Writ in the nature of Certiorari and/or any other appropriate writ, direction or order declaring that the impugned FIR dated 28.06.2021 which was registered under Sector 10A Police Station, Gurugram, Haryana being P.S. Case No. 0427/2021 under Section 406 IPC and the consequent investigation thereon to be not maintainable for want of jurisdiction in view of Article 226 of the Constitution