W.P.(CRL) 137/2021
JOLLY SINGH ….. Petitioner
Through: Mr. Ashwani Kumar, Mr. Kishan
Kumar, Mr. HR Dhamija, Advs.
versus
THE STATE ….. Respondent
CORAM:
HON’BLE MR. JUSTICE JASMEET SINGH

Delhi high court Quashing an order passed by an Additional Commissioner of Police whereby the investigation in an FIR alleging abduction was transferred to from Delhi’ Model Town police station to Uttar Pradesh’s Greater Noida,
1. This is a petition filed seeking cancellation of the order passed by the Addl. Commissioner of Police (Crime) dated 11.11.2020, whereby the investigation in the FIR No. 105/2019 was transferred to PS Surajpur, Greater Noida, U.P.
2. Brief facts of the present case are that the petitioner made a complaint to PS Model Town against the accused persons vide Complaint No. LC-1844 dated 05.12.2018. As per the complaint, it is stated that the accused persons abducted the petitioner and took him to Noida for finalizing an import deal where there was extortion and he was also robbed of Rs. 50,00,000. It is further stated that he was illegally detained at Surajpur and was also coerced to issue cheques worth Rs. 5.75 crores. When no action was taken on his complaint, the petitioner
moved an application under section 153 Cr.PC before the concerned
court at Rohini.
3. The Court of the learned Metropolitan Magistrate (MM), Delhi on 11.03.2019 passed an order stating “5. From the allegations and material available on record, clearly cognizable offence is made out and matter requires investigation. Accordingly, SHO concerned is directed to register an FIR in the present matter against the wrong doers in appropriate sections of law, without being influenced by the section mentioned in the complaint.” Pursuant to the said order, the FIR was registered at PS Model Town, Delhi.
4. The learned MM further directed the Addl. Commissioner of Police to ensure fair, proper and expeditious investigation. During the investigation, the Addl. Commissioner of Police had transferred the investigation to Police Station Surajpur, Noida, U.P. This transfer of
investigation from Delhi to Noida, U.P, has resulted into filing of the present petition.
5. It is stated by the learned counsel for the petitioner that the order of the Add. Commissioner of Police (Crime) in transferring the investigation to Noida (UP) is contrary to law. Additionally, it is stated that the Addl. Commissioner of Police (Crime) had no authority to transfer the
investigation out of its jurisdiction, i.e, Delhi, especially when the directions for registration of the FIR was issued by the learned MM, Delhi and more so when the Ld. MM is monitoring the investigation.
6. The learned counsel for the petitioner also states that the investigation of the present case was transferred from P.S. Model Town to Crime W.P.(CRL) 137/2021 Page 3 of 9 Branch, Prashant Vihar without any intimation to the Ld. MM as well as the petitioner and without affording any opportunity of being heard.
7. My attention has been drawn to the Status Report filed by the respondent which indicates that there were already two criminal cases and seven cases under Negotiable Instruments Act pending between the parties. The seven cases under NI Act are pending in Gautam Budh
Nagar, Noida and the other two FIRs which were also pending in Noida have already been cancelled. It further states that the alleged incident had taken place in PS Surajpur, Noida and that the investigation which was carried out did not establish any abduction of the petitioner from Delhi to Noida because the petitioner himself drove down to Noida. As a result, the case file was transferred vide order No. 517/ So/ Addl. CP/ Crime(HQ) dated 02.12.2020 of Addl. Commissioner of Police, Crime to the DGP, UP Police, Lucknow.
8. The learned counsel for the respondent has stated that because no cause of action or incident was related to any place in Delhi, therefore, the case was transferred to UP Police for further investigation where the jurisdiction lies.

the order of Addl. Commissioner of Police (Crime) dated 11.11.2020 is hereby quashed.

Jolly singh vs state