W.P.(CRL)/3079/2017 of BIRENDER PRASAD Vs THE STATE GOVT OF NCT OF DELHI & ORS
Parties
- +W.P.(CRL) 3079/2017, Crl. M.A. 18091-92/2017BIRENDER PRASAD (PETITIONER)
- THE STATE GOVT OF NCT OF DELHI & ORS (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P.(CRL) 3079/2017, Crl. M.A. 18091-92/2017BIRENDER PRASAD
..... Petitioner
Through: Mr. Mukul Gupta, Sr. Adv. with Mr.Deepak Anand, Ms. Hamlata Rawat, Mr. SumitKr. Mishra and Mr. Tushar Gupta, Advs.
versus
THE STATE GOVT OF NCT OF DELHI & ORS
..... Respondent
Through: Ms. Richa Kapoor, ASC for State withSI Dharmendra, AATS/SWD
CORAM:HON'BLE MR. JUSTICE NAJMI WAZIRIO R R
07.11.2017
Notice. Ms. Richa Kapoor accepts notice. At joint request, the matteris taken up for disposal.
This petition seeks the following reliefs:
“a) Transfer the FIR No. 150/2017, PS Dwarkadated 01.06.2017 to Anti Corruption Branch,Directorate of Vigilance, GNCT, New Delhi orEconomic Offence Wing, Crime Branch, DelhiPolice, New Delhi where the enquiry/investigationis still pending.
And/or"
b) Transfer the FIR no 150/2017, PS Dwarkadated 01.06.2017 from Police Station Sector 23,Dwarka to any other Police Station having
jurisdiction in the Present Case.
And/or
c) Direct the Deputy Commissioner of Police,SouthWestDistrict,Delhitoentrusttheivnesittaion of the present FIR to any other IOother than Sh., P.R. Hudda and Sh. Dharmenderin the FIR. No. 150/2017, PS Dwarka dated01.06.2017.And/orPass any other Order/orders which, this Hon'bleCourt may deem fit and proper in the facts andcircumstances of the present petition.
The learned Senior Advocate for the petitioner submits that the issueinvolved in this case is claim for allotment of land to Ms. Rishalo Devi,daughter of late Mr. Yad Ram. The said issue is already under investigationby Anti Corruption Branch, Directorate of Vigilance, Govt. of NCT ofDelhi, as well as by Economic Offences Wing (EOW), Crime Branch, DelhiPolice.In this regard, he refers to two documents viz. letter from Asstt.Commissioner of Police, Anti Corruption Branch, Govt. of NCT of Delhi tothe Deputy Director, L-A, C-2 Block, Room No. 308, DDA Vikas Sadanbearing No. 1360/SS/ACP/ACB dated 17.03.2011 and reply to the said letterfrom the Land Development Authority to Shri Sehdev Singh, ACP, AntiCorruption Branch dated 15.04.2011.
The issue is essentially apropos allotment of land to Ms Rishalo Devi andother legal heirs of late Mr Yad Ram which is precisely the case in the present FIRbearing No 150/17, PS Dwarka. Therefore, it would be appropriate and in theinterest of justice that the case be dealt with by the EOW, Crime Branch, DelhiPolice, which first registered case in 2011 regarding the claim and objection tothe aforesaid allotment of land by the DDA, and investigated the matter in the
first instance.
In the circumstances, FIR No. 150/2017, P.S. Dwarka dated01.06.2017 is transferred to EOW, Crime Branch, Delhi Police for furtheraction.
The petition is allowed.
NOVEMBER 07, 2017/acm
NAJMI WAZIRI, J