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Judgment
The request in the present petition is limited, albeit, unusual one.
M/s Air Communication Services Private Limited lodged FIR No.285/2026 with P.S. Rajouri Garden against petitioner herein for commission of offences under Sections 318(4)/61(2) Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 420/120B IPC).
The matter is pending investigation with the abovesaid Police Station and, admittedly, the petitioner herein has already filed an application seeking anticipatory bail.
Though, according to the petitioner, the transaction in question does not involve any criminality, he, at the same time, contends that in view of the specific Standing Order issued by Delhi Police, which prescribes the framework governing jurisdiction, allocation and investigation of economic offences by the Economic Offences Wing (EOW), if at all any investigation was to be carried out, it should have been by EOW.
Referring to Standing Order No.Crime/06/2022, he submits that wherever the amount involved is more than Rs.3 crores, the complaint is required to be dealt with by EOW only. He relies upon the observations given by this Court in Nihar Gupta v. The State and Ors. & Anr. in W.P. (Crl) 91/2023 (DoD:26.04.2023) wherein also, the case was transferred to EOW for conducting investigation despite the fact there was resistance to such transfer from the respondent.
According to learned counsel for the petitioner, as per the bare allegations appearing in FIR, the complainant company had been induced to part with a sum of Rs.25 crores. He submits that though the complainant had claimed that the financial loss was of Rs.2.80 crores but there is a specific averment that the inducement was with respect to a sum of Rs.25 crores.
Respondent No.2/complainant is present in Court and submits that mere intent and objective of the petitioner is to, somehow, delay the investigation. He, however, at the same time, submits that complainant would have no objection if the matter is got investigated through EOW.
Sh. Sanjay Lao, learned Senior Counsel for respondent/State leaves it to the Court to pass appropriate orders.
Keeping in mind the overall facts and circumstances of the case and the extent of the alleged cheating, the present petition is disposed of with direction that the investigation of FIR in question stands transferred to EOW.
This Court, however, expects that there would not be any delay in conducting investigation, merely, because of the abovesaid order of transfer.
The petition is disposed of in aforesaid terms
Pending applications also stand disposed of.