W.P.(CRL) 962/2021 Page 1 of 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 08^th November, 2021

IN THE MATTER OF:

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W.P.(CRL) 962/2021 & CRL.M.A. 7009/2021

ASHA JAIN

..... Petitioner

Through

Mr. Zeeshan Diwan, Advocate

versus

STATE OF NCT OF DELHI & ORS

...... Respondents

Through

Mr. Avi Singh, ASC for the State

with SI Satish Dagar, PS EOW.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

This writ petition has been filed seeking the following prayers:-

2.

The facts leading to the instant writ petition are as under –:

a)It is stated that the petitioner herein was a director of AVJ

Developers India Pvt. Ltd from 22.06.2010 to 30.03.2016. It is

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W.P.(CRL) 962/2021 Page 2 of 10

stated that the entire day-to-day activities of the said company and

its affairs, including the real estate projects, were looked after by

the whole-time Directors including her husband, Vimal Jain.

b)It is stated that due to disputes between the buyers and the

developer, her husband has been arraign as an accused in 48 FIRs

and the petitioner herein is also an accused in many of the FIRs

and 8 of the FIRs have been registered in Delhi which are as

follows:-

Sr.

No.

FIR No.

Dated

Police Station

1. 50/2017

04.02.2017

Anand Vihar

2. 31/2017

23.02.2017

EOW

3. 37/2017

08.03.2017

EOW

4. 115/2017

12.07.2017

EOW

5. 426/2017

28.08.2017

Anand Vihar

6. 173/2018

30.08.2018

EOW

7. 430/2018

19.12.2018

Anand Vihar

8. 132/2019

15.07.2019

EOW

c)It is stated that the petitioner's husband was arrested and was in

prison from 24.12.2019 to 28.02.2021. It is stated that the

petitioner's husband filed an SLP in the Supreme Court, being

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SLP (CRL) No.175/2021. It is stated that the Supreme Court after

issuing notice granted interim bail to the petitioner's husband on

26.02.2021 by passing the following order:-

d)It is stated that in the project, where the disputes have arisen,

about 1,400 flats are under occupation.

e)It is stated that the petitioner, who was not involved in the day-to-

day affairs of the company, is running from pillar to post trying to

defend litigations arising out of the disputes with homebuyers,

lenders, banks/financial institutions relating to the AVJ Heights

project and AVJ Developers India Pvt. Ltd. It is stated that cases

under Section 138 of the Negotiable Instruments Act have been

filed.

f) It is stated in the writ petition that proceedings under Section 82

CrPC were initiated against the petitioner, and she was declared as

a proclaimed offender by an order dated 22.10.2019 in FIR

No.115/2017 registered at Police Station EOW. The said order

was challenged in a writ petition before the learned Additional

Sessions Judge, Karkardooma Courts in Criminal Revision

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W.P.(CRL) 962/2021 Page 4 of 10

Petition No.93/2020 and the order declaring the petitioner as a

proclaimed offender was set aside by order dated 01.04.2021.

However, it was clarified in the said order that no protection has

been granted to the petitioner.

g)It is stated that the petitioner has filed the instant writ petition in

view of the multiple FIRs being registered against her and her

husband. It is stated that the allegations in the FIRs are identical

and that the police wants to arrest the petitioner.

h)It is stated that the disputes are primarily between the company

and the allottees which are essentially civil disputes yet, multiple

FIRs have been registered against the petitioner's husband.

i)It