The magistrate must ensure a complaint discloses a cognizable offence before directing police investigation under Section 156(3) Cr.P.C., and a detailed affidavit is required to support such applications.

JUDGMENT

Mr. Pankaj Jain, J.

By way of instant order I intend to dispose off the aforesaid two petitions filed under Section 482 Cr.P.C. However, for the sake of convenience the facts are being culled out from a petition bearing CRM-M No.56496-2023.

2. Present petition filed under Section 482 of the Code of Criminal Procedure, 1973 is directed against complaint dated 17.12.2020 (Annexure P-20), Orders dated 26.10.2023 (Annexures P-36 & P-37) and FIR No. 11 dated 14.01.2021 (Annexure P-24) registered under Sections 120B, 406, 420, 467, 468, 471 IPC at Police Station Sushant Lok, Gurugram along with all subsequent proceedings arising thereto.

3. The facts leading to the present case narrate a long tale. The complaint was preferred by respondent No.2 before the Commissioner of Police, Gurugram, Haryana against nine accused. Accused No. 1 is a company and accused Nos.2 to 9 were stated to be the directors of the said company. The complainant alleged that he met accused No.2 -Sikandar Singh and his family in the year 2015. He was induced by accused No.2- Sikandar Singh to start a 'Affordable Housing Project' in Gurugram to reap profits. Believing the advice the complainant formed a company along with Sikandar Singh under the name and style of M/s D.S. Estates and Construction Private Limited registered with Registrar of Companies (ROC). The complainant alleged that accused No.2-Sikandar Singh turned dishonest and instead of applying for license in the name of the company-M/s D.S. Estates and Construction Private Limited wherein both the complainant and Sikandar Singh were the Directors, license was applied in the name of accused No.1-company.

3.1. License was granted on 22.12.2017. The complainant claims that for obtaining the said license, funds infused by him were misused as he was ignored and not treated as one of the licensees. It was further alleged that licensee was required to furnish bank guarantees to the tune of Rs.2,63,23,892/- (Rupees Two Crore Sixty Three Lakh Twenty Three Thousand Eight Hundred & Ninety Two Only) and Rs. 1,24,61,000/-(Rupees One Crore Twenty Four Lakh Sixty One Thousand Only) but accused No. 1 played fraud with the Government department by submitting forged bank guarantees. The complainant thus claimed that the accused have played fraud upon the Government of Haryana and strict action needs to be initiated against them.

3.2. The aforesaid complaint carries Diary No.3247/07th January, 2020. Further from the document (Annexure P-19) placed on record by the petitioners it seems that there is another complaint dated 20.08.2020 which was inquired by Economic Crime Branch and the investigation was concluded by concerned Assistant Sub Inspector, Economic Crime Branch, Gurugram observing as under:-

"Investigation - The investigation of the complaint has been done by the undersigned. During investigation, after involving both parties and enquiry, written replies have been taken. The same are enclosed for perusal. After examining the replies of both the sides, it has been found that on obtaining License No. 106/2017 by respondent firm M/s Sai Aaina Farms Pvt Ltd from DGTCP Office, Haryana, Chandigarh, Neeraj Chaudhry has leveled the allegations that for obtaining the said license, M/s Sai Aaina Farms Pvt Ltd has used fake documents. Regarding the same, the Complainant filed CWP No.13933/2018 before the Hon'ble Punjab and Haryana High Court. In CWP No. 13933/2018, on 29.05.2018, DGTCP, Haryana, Chandigarh was directed for looking into the matter. On 29.06.2018, the complainant gave written complaint to the DGTCP, Haryana Chandigarh for cancellation of License No. 106/2017. Regarding the same, the DGTCP, Haryana Chandigarh vide order dated 13.05.2020 restrained the execution of sale deeds and carving of plots in the said project. The enquiry of the complaint of complainant Neeraj Chaudhry is already being done by the DGTCP Haryana, Chandigarh as per the directions of the Hon'ble Punjab and Haryana High Court. Hence