Professional Documents
Culture Documents
Vs
INDEX
2. Urgent Application 2
4. Memo of Parties
7. ANNEXURE P 2
8. ANNEXURE P 3
9. ANNEXURE P - 4
10. ANNEXURE P- 5
11. ANNEXURE P - 6
12. VAKALATNAMA
PETITIONER
THROUGH
(D/2590/2009) (D/2404/2016)
Advocates
Chamber- no. 242, Tis Hazari Courts
MOB:- 9278173793, 8881982645
NEW DELHI
DATED .09.2017
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
[ORIGINAL CRIMINAL JURISDICTION]
WRIT PETITION (CRIMINAL) NO. _____________ OF 2017
IN THE MATTER OF :
Vs
NOTICE OF MOTION
Sir,
The enclosed Writ Petition (Crl.) in the aforesaid matter as being filed on the
PETITIONER
THROUGH
(D/2590/2009) (D/2404/2016)
Advocates
Chamber- no. 242, Tis Hazari Courts
MOB:- 9278173793, 8881982645
NEW DELHI
DATED .09.2017
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
[ORIGINAL CRIMINAL JURISDICTION]
WRIT PETITION (CRIMINAL) NO. _____________ OF 2017
IN THE MATTER OF :
Vs
To
New Delhi.
URGENT APPLICATION
Kindly treat the accompanying Writ Petition (Crl.) under Article 226 as an
PETITIONER
THROUGH
Pankhuri Jaiswal , Prashant Singh
(D/2590/2009) (D/2404/2016)
Advocates
Chamber- no. 242, Tis Hazari Courts
MOB:- 9278173793, 8881982645
NEW DELHI
DATED .09.2017
SYNOPSIS & LIST OF DATES
are in his family. The widow mother & his unmarried elder
having some legal issues with the ICICI Bank and same has
After the disposal of the legal issues with ICICI Bank, the
Delhi.
and flats to the petitioner to invest for his familys future. After
lacs from its previous owner Sh. Puran Chand S/O Sh.
called on number 100 and Police arrived at the plot and both
the parties were taken to P.S. Nihal Vihar, Delhi. Though the
October 2012, The petitioner was shocked and surprised to know that
through U/S 156(3) read with 200 & 190 of Cr.P.C. whereby
him.
April 2012, Respondent No. 3&4 i.e. Deepak Sidhu and Pyare Lal
member to pay them money for the profit which the petitioner
& Pyare lal, then they started sending local goons and anti-
Nagar, those 3 person told that they are from Crime Branch
and the petitioner was wanted in some case and that is the
Branch or has any case against him and these people are as
false and fake as the lady Radhika who came up today in P.S.
The petitioner asked the S.H.O. to take the I.D. cards of those
three persons and to inform his mother and sister regarding
09.06.2012 That Deepak Sidhu and Pyare Lal and their associates
done many encounters and next is yours if you dont pay the
sign some blank papers and some printed forms. Even Pyare
Lal said that you cannot run away from my clutches without
giving us the extortion money and if you try to run I will catch
you in false case of rape & money so that you come out of
against Deepak Sidhu and Pyare Lal and others before the
05.01.2015 The aforesaid FIR was listed in the Court of CMM (W),
2015, then at the request of I.O., the matter was adjourned for
03.02.2015.
the I.O. was not present in the court and the matter was
11.02.2015 Again I.O. Inspector Jawar was not present and the
status report was also not filed and again time was granted to
not be prepared and seeks some more time to file the same
report was not filed by the investigation officer nor any stage of
/ 347 / 506 / 120B OF IPC, P.S. CRIME BRANCH, DISTT: CRIME &
RAILWAYS
MEMO OF PARTIES
1. PIYUSH KOCHAR,
S/O Lt. Sh. BAL KRISHAN KOCHAR
R/O 109 (WEST) MUKHERJEE NAGAR,
NEW DELHI 110009
.PETITIONER/COMPLAINANT
VERSUS
THROUGH SECRETARY,
2. COMMISSIONER OF POLICE,
6. MS. RADHIKA,
7. SUKHRAM PAL,
S/O NOTKNOWN,
S/O NOTKNOWN
.RESPONDENTS
PETITIONER
THROUGH
Pankhuri Jaiswal , Prashant Singh
(D/2590/2009) (D/2404/2016)
Advocates
Chamber- no. 242, Tis Hazari Courts
MOB:- 9278173793, 8881982645
NEW DELHI
DATED .09.2017
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
IN THE MATTER OF :
Vs
/ 347 / 506 / 120B OF IPC, P.S. CRIME BRANCH, DISTT: CRIME &
RAILWAYS
To,
Petitioner above-named
MOST RESPECTFULLY SHOWETH
1. That the petitioner is a citizen of India and the instant Writ Petition
Constitution of India read with section 482 of Cr. P.C. for issuance of
2. That the petitioner has not filed any writ petition or similar petition
3.1 That the petitioner herein i.e. Piyush Kochar born and brought up
in Delhi and is a Indian Citizen and he is a permanent residence of
109, West Mukherjee Nagar, New Delhi 110009. The petitioner
forefathers were having business of wholesale sarees in Vishnu
Bazaar, Chandni Chowk, Delhi, and his father was also engaged in
the same business.
3.2 That in the year 2002, Sh. Bal Krishan Kochar, the father of
petitioner was expired when petitioner was studying in 12th
standard and he started working with Loan Department, HDFC
Bank Ltd, New Delhi and was continuing his further studies. The
widow mother, who is patient of diabetic and unmarried elder sister
are in his family. The widow mother & his unmarried elder sister
are dependent on the petitioner.
3.3 That the Respondent No. 3 namely Mr. Deepak Sidhu met the
petitioner in Dwarka Courts and represented himself as an
Advocate, in the year 2006-2007, as the petitioner was having some
legal issues with the ICICI Bank and same has been solved with the
help of above said Respondent No. 3. After the disposal of the legal
issues with ICICI Bank, the petitioner and Respondent No. 3
became good friends.
3.4 That in year 2007, Respondent No. 3 Mr. Deepak Sidhu introduced
Respondent No. 4 Mr. Pyare Lal, as a property dealer to the
petitioner. As the petitioner was having a business of furniture in
Kirti Nagar, Delhi, and was earning around 7 to 8 lacs per annum.
3.5 That both the Respondents No. 3 herein i.e. Deepak Sidhu and
Respondents No. 4 herein i.e. Pyare Lal are land grabbers. When
they came to know about my annual income and my interest
towards in investment in real estate business, they proposed me
property in Nihal Vihar, Vikaspuri Extn, Delhi admeasuring 740 Sq
yards and other several locations in Delhi.
3.6 That the Respondents No. 3 & 4 has shown number of plots and
flats to the petitioner to invest for his familys future. After showing
so many properties, they showed a property in Nilothi Village, Nihal
Vihar, Delhi and convinced the petitioner to purchase the said
property that the property was on good location & the property was
three side open. They also produced/showed documents of the said
property to the petitioner, and they stated that the documents are
legally correct and owner of the property is relative of Respondent
No. 4 i.e. Pyare Lal.
3.7 That on 12.06.2008, the petitioner showed his interest and agreed
to purchase a plot area ad measuring 740 Sq Yards in Nilothi
Village, Nihal Vihar, Delhi through Respondent No. 3 Deepak Sidhu
and Respondent no 4 Pyare Lal for a total sum of Rs. 22 lacs from
its previous owner Sh. Puran Chand S/O Sh. Roshan Lal R/o
Devar Basti, Sangrur, Punjab.
3.8 That it is submitted here that the Owner of the Property Sh. Puran
Chand executed a GPA in favour of the petitioner and Respondents
No. 3 & 4 falsely promised to petitioner that the Will shall be
registered after 2-3 days. On the basis of false statement & believe of
Respondent No. 3&4, the petitioner herein gave Rs. 22 Lacs to the
Owner of the Property. However, when I asked about Registration of
Will, which was required, they gave me false assurance and promise
but the owner didnt execute the same. Whenever I asked about the
registered will, they said it does not matter a lot and if I am worrying
about the same they will sale of the property as it is and where it is,
and assured me good profit in the property.
3.10 That on 06.07.2011, the petitioner was shocked & surprised to see
that above said gentleman Sh. Rajeev Mongia was constructing the
wall over the plot in question, the petitioner immediately called on
number 100 and Police arrived at the plot and both the parties were
taken to P.S. Nihal Vihar, Delhi. Though the complaint of the
petitioner was written down vide D.D. NO. 26, Dated 06.07.2011,
however, the police on seeing the documents of the property in
favour of the petitioner, the I.O. advised the petitioner that since the
matter is purely of civil nature and hence they should approach the
concerned civil court, as the other party Rajeev Mongia real brother
of Anil Kumar S/O Sh. Jagdish Mongia R/O B 15 Panchwati,
Azadpur, Delhi didnt produced any property documents in P.S.
Nihal Vihar regarding the property in question.
3.11 That in October 2012, petitioner was shocked and surprised to
know that one false FIR No. 86/2012 registered U/S
420/468/471/448 of IPC at P.S. Nihal Vihar, Dated 01.05.2012
has been registered against him on the basis of forged and
fabricated property documents produced by Anil Kumar S/O Sh.
Jagdish Mongia R/o B 15 Panchwati Azadpur Delhi, through
U/S 156(3) read with 200 & 190 of Cr.P.C. whereby the Magistrate
directed the police to register the FIR against the petitioner in the
aforesaid sections. The true copy of the FIR No. 86/2012 registered
U/S 420/468/471/448 of IPC at P.S. Nihal Vihar, Dated
01.05.2012 is attached herewith and marked as ANNEXURE P- 1
[PAGE NO. _____TO______].
3.12 That on 01.11.2011, the petitioner sold the aforesaid property to Sh.
Tapan Bhutani S/o Sh. Ashok Bhutani for a sale consideration of
Rs. 23,00,000/- (Twenty Three Lac) through registered GPA &
accordingly peaceful and vacant possession was given to him.
3.13 That in April 2012, Respondent No. 3&4 i.e. Deepak Sidhu and
Pyare Lal started threatening and extorting the petitioner and his
family member to pay them money for the profit which the
petitioner has earned in the sale of aforesaid property because they
proposed the property to the petitioner. It is submitted here that
when the petitioner refused & declined to pay any extortion money
to the aforesaid Gentleman Deepak Sindhu & Pyare lal, then they
started sending local goons and anti-social elements to the
petitioners home with guns and pistols in day and late nights and
they also threatened to the petitioner to implicate in the false
criminal cases.
3.15 That on 09.06.2012, a lady namely Radhika D/o Shiv Arora came
to the petitioners house with a kid in her hand along with a boy
and started shouting and abusing with petitioners mother and
sister, then the petitioners sister immediately called 100 Number
and police arrived at petitioners house no. 109 (west) Mukherjee
Nagar, Delhi-110009, both the petitioner and the lady namely
Radhika went to P.S. Mukherjee Nagar and there the lady wrote a
compromise. Just after coming out of the P.S. Mukherjee Nagar,
three persons (Amit Kumar H.C. no 1683 / Crime & 2 other person)
kidnapped petitioner and bundled him in car on gun point (Maruti
Wagon R, DL 5 CD 5207), the petitioner somehow overcome them
and ran straight into the P.S. Mukherjee Nagar, Delhi. After
speaking with the then S.H.O. (Sh. R.S. Meena) of P.S. Mukherjee
Nagar, those 3 person told that they are from Crime Branch and the
petitioner was wanted in some case and that is the reason they
have come up to arrest him, when the petitioner told the S.H.O. that
he has nothing to do with the Crime Branch or has any case
against him and these people are as false and fake as the lady
Radhika who came up today in P.S. Mukherjee Nagar for filing a
complaint against the petitioner. The petitioner asked the S.H.O. to
take the I.D. cards of those three persons and to inform his mother
and sister regarding the same as they were taking the petitioner to
Crime Branch without any reason. In the middle of the way, the
petitioner was harassed by pointing a gun on his forehead and they
disclosed that they are friends of respondent no 4 namely Pyare Lal,
who is also posted in Crime Branch Department (Pyare Lal H.C. No
915 / Crime) as a Head Constable and they have come up to extort
money from the petitioner and they made the petitioner speak to
Pyare Lal.
3.16 That on 09.06.2012 Deepak Sidhu and Pyare Lal and their
associates kidnapped the petitioner on gun point and took him to
P.S. Malviya Nagar and harassed the petitioner by showing him
video clips of torture they do with the people when someone dont
agree to what they want. To the utter shock and surprise a police
inspector namely Sh. Bal Krishan Badhola pointed a gun on the
petitioners forehead and said I have done many encounters
and next is yours if you dont pay the extortion money to Pyare
Lal & Deepak Sidhu and their associates. Deepak Sidhu, Pyare Lal
and associates made me sign some blank papers and some printed
forms. Even Pyare Lal said that you cannot run away from my
clutches without giving us the extortion money and if you try
to run I will catch you somehow, as I have sent Radhika to
your home to frame you in false case of rape & money so that
you come out of your rat hole. It is further submitted here that,
on 10.06.2012, the petitioner lodged a criminal complaint against
Deepak Sidhu and Pyare Lal and others before the Officer Incharge,
Extortion Cell, R.K. Puram, Delhi about the kidnapping incident
and extortion done. A true copy of the Complainant dated
10.06.2012 given to the Officer Incharge, Extortion Cell, R.K.
Puram, Delhi is attached herewith and marked as ANNEXURE P-
3 [PAGE NO.____TO____].
3.19 That even after the registration of FIR against the Deepak Sidhu,
and his associates they are fearless as they tortured and
misbehaved with the petitioners sister namely Kriti Kochar on
14.02.2013, a complaint was given by the petitioners sister namely
Kriti Kochar to The D.C.P (North) Civil Lines, Delhi on 15.02.2013
but yet no action has been taken on her complaint. A true copy of
the complaint dated 15.02.2013 given to D.C.P (North) Civil Lines,
Delhi by the Kriti Kochar is annexed herewith and marked as
ANNEXURE P - 5 [PAGE NO._____TO______].
3.21 That 05.01.2015, the aforesaid FIR was listed in the Court of CMM
(W), THC, the I.O. stated that investigation is still going on and
charge sheet is likely to be filed in the month of February, 2015,
then at the request of I.O., the matter was adjourned for
03.02.2015.
3.22 That again the matter was listed on 03.02.2015, on that day, the
I.O. was not present in the court and the matter was adjourned for
11.02.2015.
3.23 That on 11.02.2015, again I.O. Inspector Jawar was not present
and the status report was also not filed and again time was granted
to file status report regarding the investigation and matter was
adjourned for 25.02.2015.
3.24 That on 25.02.2015, I.O. submitted that due to election,
chargesheet could not be prepared and seeks some more time to file
the same stating that chargesheet is almost completed. Again the
matter was adjourned for 30.04.2015.
5. That the petitioner has no alternate remedy except to move this writ
g) Because the accused persons are involved in land grabbing and also
commit criminal activities in the locality, and these facts have been
brought to the police and several complainants has already been
registered against them.
h) Because the Pyare Lal (HC Crime Branch) have nexus with the
accused persons therefore since police personnel are also involved in
commission of offence and there dilution & distortion of evidence
and not having fair trial is at high probability and hence police have
soft corner for the accused persons.
i) Because the FIR / case is still pending in the trial Court of C.M.M
(West) Tis Hazari Courts, Delhi and the after passing of long four
years, the said case is not further proceeded due to non filing the
status report or chargesheet or any report.
and complete justice except by way of filing the present writ petition.
8. That the petitioner has not filed any other similar petition either
PRAYER
iii. Pass any other or further order which this Honble court may
deem fit and proper in the interest of justice .
DATE:
PETITIONER
NEW DELHI
Through Counsel
(D/2590/2009) (D/2404/2016)
Chamber No : 242 , Western Wing ,
Tis Hazari Courts Delhi
Mob : 9278173793 , 8881982645
Email : advpankhurijaiswal @gmail.com
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
[ORIGIONAL CRIMINAL JURISDICTION]
WRIT PETITION (CRIMINAL) NO. _____________ OF 2017
IN THE MATTER OF :
PIYUSH KOCHAR ......PETITIONER/COMPLAINANT
Vs
GOVERNMENT OF NCT OF DELHI & ORS ....RESPONDENTS
AFFIDAVIT
I, Piyush Kochar S/O Sh. Bal Krishan Kochar, aged about 34 years,
R/o 109, West Mukherjee Nagar, Delhi-110009, do hereby solemnly
affirm and declare as under:
2. That the accompanying writ petition (Criminal) has been drafted under
my instructions and the contents of the same have been read over to
me in vernacular language. The contents of the same are true and
correct to my knowledge and as verifiable from records maintained and
nothing has been concealed therefrom and the entire petition has been
explained to me in vernacular also.
3. That the Annexures, annexed with the petition, are true copies of their
respective originals.
DEPONENT
VERIFICATION: -
Verified at New Delhi on this ___ day of September, 2017 that the para 1 to
3 of above affidavit are true and correct and nothing material has been
concealed therein.
DEPONENT
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
[ORIGIONAL CRIMINAL JURISDICTION]
WRIT PETITION (CRIMINAL) NO. _____________ OF 2017
IN THE MATTER OF :
PIYUSH KOCHAR ......PETITIONER/COMPLAINANT
Vs
GOVERNMENT OF NCT OF DELHI & ORS ....RESPONDENTS
AFFIDAVIT
I, Piyush Kochar S/O Sh. Bal Krishan Kochar, aged about 34 years,
R/o 109, West Mukherjee Nagar, Delhi-110009, do hereby solemnly
affirm and declare as under:
3. That the Annexures, annexed with the petition, are true copies
of their respective originals.
DEPONENT
VERIFICATION: -
Verified at New Delhi on this ___ day of September, 2017 that the para 1 to
3 of above affidavit are true and correct and nothing material has been
concealed therein.
DEPONENT