New Delhi, Sep 29: A Delhi court has dismissed a petition challenging a magistrate court’s order which directed the police to register an FIR against a real estate firm and two of its promoters for alleged criminal conspiracy and cheating a flat-buyer in a housing project. Additional Sessions Judge Sanjeev Kumar Malhotra, however, said that the magistrate’s court should not have imposed the condition for lodging of the FIR within 24 hours, which actually curtailed the right of the opposite party to challenge the order before registration of the case.
On the direction of the magistrate court in January 2020, the Delhi police had lodged an FIR against Rudra Buildwell Pvt Ltd — and two of its promoters, Mukesh and Babita Khurana, for alleged criminal conspiracy and cheating one Rohit Kumar Sharma of around Rs 18 lakh. The sessions court in its order passed on September 28 dismissed the revision petition filed by the real estate firm and its two promoters against the January order.
“As per complainant (Sharma), accused persons (Rudra Buildwell, Mukesh and Babita) refused to execute any sale deed in favour of the complainant and they also gave threats to the complainant for dire consequences in case complainant again demanded money from them and that intention of accused persons to cause wrongful loss to the complainant was from very beginning. “Therefore, I do not find any material irregularity or illegality in the impugned order, however, before parting I deem it fit to note over here that Chief Metropolitan Magistrate should not have imposed the condition for registration of FIR within 24 hours, which actually curtailed the right of opposite party to challenge impugned order before registration of FIR particularly when both the parties were appearing before the trial court before passing the impugned order,” the judge said in his order. During the hearing, advocate Gorang Gupta, appearing for the firm and its promoters, argued that they had offered to refund the total amount or to take possession of the flat before the magistrate court’s order was passed.
Advocate Umesh Katiyal, appearing for Sharma, said the revision petition was not maintainable as an FIR has already been registered and even if the earlier order was set aside, it would have no effect on the investigation of the case. Additional Public Prosecutor Rakesh Mehta, appearing for the police, argued that once an FIR has been registered it can be quashed by the Delhi High Court and not by the sessions court and hence the revision petition was liable to be dismissed as infructuous.
According to the police, the Khuranas had promised a ready-to-move-in flat in their Palace Heights project at Greater Noida in 2012, but there was no progress in the construction. It was also stated that the accused had threatened the complainant with dire consequences if he demanded either the possession of the flat or a refund of his money.
Both the accused are already facing criminal prosecution in another case filed by various investors for a delay in the delivery of the Serra Bella/Pavo Real housing project in Indirapuram. Former cricketer and BJP MP Gautam Gambhir was a director and brand ambassador of the company.
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