IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI

[ORIGINAL CRIMINAL JURISDICTION]

WRIT PETITION (CRIMINAL) NO. _____________ OF 2017
IN THE MATTER OF :

PIYUSH KOCHAR ......PETITIONER/COMPLAINANT

Vs

GOVERNMENT OF NCT OF DELHI & ORS ....RESPONDENTS

INDEX

Sl. Particulars Pages Court

No. Fee
1. Notice of Motion 1

2. Urgent Application 2

3. Synopsis and List of Date 3-

4. Memo of Parties

5. Writ Petition (Criminal) with Supporting

Affidavit
6. ANNEXURE P- 1

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

7. ANNEXURE P 2

A true copy of the complainant dated

08.06.2014 given to the DCP, Crime Branch,
New Delhi

8. ANNEXURE P 3

A true copy of the Complainant dated

10.06.2012 given to the Officer Incharge,
 Extortion Cell, R.K. Puram, Delhi

9. ANNEXURE P - 4

A true copy of the FIR No. 218 of 2012, Dated

30.08.2012 under section 384/387/
342/347/506/120B of IPC, P.S. Crime
Branch, District Crime & Railways

10. ANNEXURE P- 5

A true copy of the complaint dated

15.02.2013 given to D.C.P (North) Civil Lines,
Delhi by the Kriti Kochar

11. ANNEXURE P - 6

A true copy order sheet form 05.01.2015 to

14.07.2017

12. VAKALATNAMA

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
[ORIGINAL CRIMINAL JURISDICTION]
WRIT PETITION (CRIMINAL) NO. _____________ OF 2017
IN THE MATTER OF :

PIYUSH KOCHAR ......PETITIONER/COMPLAINANT

Vs

GOVERNMENT OF NCT OF DELHI & ORS ....RESPONDENTS

NOTICE OF MOTION

Sir,

The enclosed Writ Petition (Crl.) in the aforesaid matter as being filed on the

behalf of the Petitioners and is likely to be listed on__________ of any date,

thereafter. Please take notice accordingly.

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
[ORIGINAL CRIMINAL JURISDICTION]
WRIT PETITION (CRIMINAL) NO. _____________ OF 2017
IN THE MATTER OF :

PIYUSH KOCHAR ......PETITIONER/COMPLAINANT

Vs

GOVERNMENT OF NCT OF DELHI & ORS ....RESPONDENTS

To

The Deputy Registrar,

Delhi High Court of Delhi,

New Delhi.

URGENT APPLICATION

Kindly treat the accompanying Writ Petition (Crl.) under Article 226 as an

urgent one as issuance of a writ, order or direction in the nature of

certiorari and mandamus against the Respondents and also in accordance

with rules of this Honble High Court.

The accompanying application may kindly be listed before the

Honble Court for hearing or soon thereafter.

The grounds of urgency are:

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

The present writ petition (criminal) is being filed by the

petitioner under Article 226 of the Constitution of India read

with Section 482 of Criminal Procedure Code for issuance of

writ of mandamus or any other writ or order or direction to the

Respondent no. 1 & 2 to file the status report and

complete/expetidite the investigation in a time bound manner

in FIR No. 218/2012 dated 30.08.2012 registered under

section 384/387/342/347/ 506/120B of IPC, P.S. Crime

Branch, District Crime & Railways and arrest the accused

persons who are involved in the aforementioned crime.

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.

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.

 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.

In 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.

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.

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.

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.

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.

 The petitioner was in peaceful possession of the

aforesaid property but suddenly one day, a person namely Sh.

Rajeev Mongia S/o Sh. Jagdish Mongia R/o B-15 Panchwati,

Azadpur, Delhi tried to trespass and encroach the aforesaid

property of the petitioner.

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.

October 2012, The 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.

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.

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.

08.06.2012 The petitioner filed a complaint to the D.C.P CRIME,

Police Head Quarters, Delhi against Deepak Sidhu and Pyare

Lal and others as they were harassing, extorting, threatening

for dire consequences, showing pistols and guns, threatening

 to kidnap petitioners unmarried sister, abusing with her and

they threatened the petitioner to implicate false cases of rape,

drugs and other criminal cases.

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.

09.06.2012 That 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.

30.08.2012 After completion of preliminary inquiry, the police

registered a FIR No. 218 of 2012, Dated 30.08.2012 under

section 384/387/ 342/347/506/120B of IPC, P.S. Crime

Branch, District Crime & Railways.

It is submitted here that the petitioner assisted the

police to investigate the aforesaid case and handed over the

mobile phone and a written transcript of calls for forensic

science laboratory (F.S.L.) regarding recorded extortion calls

but till date no F.S.L. Report has been produced by the

Investigating Officer/Police in the court C.M.M. (West) Tis

Hazari Courts, Delhi, where the trial of the case is pending.

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.

It is further submitted here that several times, the

petitioner enquired to the Commissioner, Police Head

 Quarters, Delhi about the status of investigation in FIR

218/2012 dated 30.08.2012 through RTI and the reply

received was Investigation pending.

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.

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.

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.

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.

30.04.2015 It is submitted here that I.O. filed status report wherein

it has been submitted that one suspect namely Roshan Gupta

@ Khall S/o Mahesh Prasad Gupt has been arrested in some

other matter and he is in judicial custody. He was examined

 and during interrogation of Roshan Gupta some new facts

came on record. Again the I.O. asked some time to file

chargesheet and the matter was adjourned for 24.06.2015.

That the matter was listed on 24.06.2015, 26.06.2015,

17.07.2015, 02.09.2015, 17.11.2015, 25.01.2016,

21.03.2016, 25.05.2016, 15.07.2016, 25.11.2016,

14.12.2016, 26.12.2016, 10.01.2016, 07.2017, 15.03.2017,

17.05.2017 & 14.07.2017 in the Court of CMM but status

report was not filed by the investigation officer nor any stage of

the case was asked to court or complainant.

09.2017 Hence the present Writ Petition (Criminal).

 IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI

[ORIGINAL CRIMINAL JURISDICTION]

WRIT PETITION (CRIMINAL) NO. _____________ OF 2017

THIS WRIT PETITION (CRIMINAL) IS BEING FILED BY THE

PETITIONER UNDER ARTICLE 226 OF THE CONSTITUTION OF

INDIA READ WITH SECTION 482 OF CRIMINAL PROCEDURE CODE

FOR ISSUANCE OF WRIT OF MANDAMUS OR ANY OTHER WRIT OR

ORDER OR DIRECTION TO THE RESPONDENT NO. 1 & 2 TO FILE

THE STATUS REPORT AND COMPLETE/EXPETIDITE THE

INVESTIGATION IN A TIME BOUND MANNER IN FIR NO. 218/2012

DATED 30.08.2012 REGISTERED UNDER SECTION 384 / 387 / 342

/ 347 / 506 / 120B OF IPC, P.S. CRIME BRANCH, DISTT: CRIME &

RAILWAYS

MEMO OF PARTIES

IN THE MATTER OF: -

1. PIYUSH KOCHAR,
S/O Lt. Sh. BAL KRISHAN KOCHAR
R/O 109 (WEST) MUKHERJEE NAGAR,
NEW DELHI 110009
.PETITIONER/COMPLAINANT

VERSUS

1. GOVERNMENT OF NCT OF DELHI,

THROUGH SECRETARY,

I. P. EXTENSION, NEW DELHI

2. COMMISSIONER OF POLICE,

POLICE HEAD QUARTER,

ITO, DELHI- 110002

3. MR. DEEPAK SIDHU S/O NOTKNOWN

C/O CHAMBER NO 821, DWARKA COURT COMPLEX,

SECTOR 10 DWARKA DELHI,

ALSO AT : 66 KHANNA MARKET, TIS HAZARI COURTS, DELHI,

4. MR. PYARE LAL (H.C CRIME)

S/O Sh. OM PRAKASH,

R/O FLAT NO 101 ,POLICE QUARTERS,

TILAK NAGAR POLICE STATION, DELHI

5. MR. ROSHAN GUPTA @ KHALLA,

S/O MAHESH GUPTA,

R/O C BLOCK , HARI NAGAR , DELHI

6. MS. RADHIKA,

D/O SHIV ARORA,

C-137 , HARI NAGAR , DELHI

7. SUKHRAM PAL,

S/O NOTKNOWN,

R/O C BLOCK , HARI NAGAR , DELHI

8. BAL KRISHAN BADHOLA,

S/O NOTKNOWN

R/O C BLOCK , HARI NAGAR , DELHI.

.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

[ORIGINAL CRIMINAL JURISDICTION]

WRIT PETITION (CRIMINAL) NO. _____________ OF 2017

IN THE MATTER OF :

PIYUSH KOCHAR ......PETITIONER/COMPLAINANT

Vs

GOVERNMENT OF NCT OF DELHI & ORS ....RESPONDENTS

THIS WRIT PETITION (CRIMINAL) IS BEING FILED BY THE

PETITIONER UNDER ARTICLE 226 OF THE CONSTITUTION OF

INDIA READ WITH SECTION 482 OF CRIMINAL PROCEDURE CODE

FOR ISSUANCE OF WRIT OF MANDAMUS OR ANY OTHER WRIT OR

ORDER OR DIRECTION TO THE RESPONDENT TO FILE THE

STATUS REPORT AND COMPLETE/EXPETIDITE THE

INVESTIGATION IN A TIME BOUND MANNER IN FIR NO. 218/2012

DATED 30.08.2012 REGISTERED UNDER SECTION 384 / 387 / 342

/ 347 / 506 / 120B OF IPC, P.S. CRIME BRANCH, DISTT: CRIME &

RAILWAYS

To,

The Honble Chief Justice and

His Companion Justices of the

High Court of Delhi at New Delhi.

The humble petition of the

Petitioner above-named
MOST RESPECTFULLY SHOWETH

1. That the petitioner is a citizen of India and the instant Writ Petition

(Criminal) is being filed by the petitioner under Article 226 of the

Constitution of India read with section 482 of Cr. P.C. for issuance of

writ of mandamus or any other writ or order or direction to the

Respondent No. 1 & 2 to file the status report and

complete/expetidite the investigation in a time bound manner in FIR

no. 218/2012 dated 30.08.2012 registered under section

384/387/342/347/506/120B of IPC, P.S. Crime Branch, District

Crime & Railways.

2. That the petitioner has not filed any writ petition or similar petition

either in the Honble Supreme Court of India or in the Honble High

Court of Delhi earlier for similar relief.

3. That the brief facts of the case are as follows:-

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.

3.9 That the petitioner was in peaceful possession of the aforesaid

property but suddenly one day, a person namely Sh. Rajeev Mongia
S/o Sh. Jagdish Mongia R/o B-15 Panchwati, Azadpur, Delhi tried
to trespass and encroach the aforesaid property of the petitioner.

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.

3.14 That on 08.06.2012, the petitioner filed a complaint to the D.C.P

CRIME, Police Head Quarters, Delhi against Deepak Sidhu and
Pyare Lal and others as they were harassing, extorting, threatening
for dire consequences, showing pistols and guns, threatening to
kidnap petitioners unmarried sister, abusing with her and they
 threatened the petitioner to implicate false cases of rape, drugs and
other criminal cases. A true copy of the complainant dated
08.06.2014 given to the DCP, Crime Branch, New Delhi is attached
herewith and marked as ANNEXURE P- 2 [PAGE
NO._____TO_____].

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____].

3.17 That after completion of preliminary inquiry, the police registered a

FIR No. 218 of 2012, Dated 30.08.2012 under section 384/387/
342/347/506/120B of IPC, P.S. Crime Branch, District Crime &
Railways. A true copy of the FIR No. 218 of 2012, Dated 30.08.2012
under section 384/387/ 342/347/506/120B of IPC, P.S. Crime
Branch, District Crime & Railways is attached herewith and
marked as ANNEXURE P - 4 [PAGE NO.______TO______].
3.18 The petitioner assisted the police to investigate the aforesaid case
and handed over the mobile phone and a written transcript of calls
for forensic science laboratory (F.S.L.) regarding recorded extortion
calls but till date no F.S.L. Report has been produced by the
Investigating Officer/Police in the court C.M.M. (West) Tis Hazari
Courts, Delhi, where the trial of the case is pending.

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______].

3.20 That several times, the petitioner enquired to the Commissioner,

Police Head Quarters, Delhi about the status of investigation in FIR
218/2012 dated 30.08.2012 through RTI and the reply received
was Investigation pending.

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.

3.25 It is submitted here that on 30.04.2015, I.O. filed status report

wherein it has been submitted that one suspect namely Roshan
Gupta @ Khall S/o Mahesh Prasad Gupt has been arrested in some
other matter and he is in judicial custody. He was examined and
during interrogation of Roshan Gupta some new facts came on
record. Again the I.O. asked some time to file chargesheet and the
matter was adjourned for 24.06.2015.

3.26 That the matter was listed on 24.06.2015, 26.06.2015, 17.07.2015,

02.09.2015, 17.11.2015, 25.01.2016, 21.03.2016, 25.05.2016,
15.07.2016, 25.11.2016, 14.12.2016, 26.12.2016, 10.01.2016,
07.2017, 15.03.2017, 17.05.2017 & 14.07.2017 in the Court of
CMM but status report was not filed by the investigation officer nor
any stage of the case was asked to court or complainant. A true
copy order sheet form 05.01.2015 to 14.07.2017 is attached
herewith and marked as ANNEXURE P- 6 [ PAGE
NO.______TO______].

4. That it is submitted here that the order sheet from 05.01.2015 to

14.07.2017 shows that the investigation officer is not willing to file
the chargesheet and want to give undue benefits to the accused.

5. That the petitioner has no alternate remedy except to move this writ

petition before this Honble Court on the following grounds:

a) Because a vague confusing and highly negligent investigation is done

in the present FIR 218/2012 and the Investigating Officer has
shown height of negligence in case /FIR 218/2012 as the I.O. is
safe-guarding and want to give undue advantage to all the accused
persons and this shows that the Investigating Officer is hand in
gloves with all the accused.
b) Because the case of the petitioner has been thoroughly investigated
and preliminary enquired by the Crime Branch and the investigating
agency and the prima facie case is made out against the accused,
therefore FIR 218/2012 was registered against the accused persons.

c) As per section 173 of Cr.P.C., the investigation shall be completed

without unnecessary delay but in the aforementioned case, more
than 4 years has already been completed and still there is no hope to
see the completion of investigation.

d) Because the FIR itself discloses the commission of cognizable offence

under section 384,387,342,347,120b & 506 of IPC and there is
sufficient evidence to file chargesheet against the accused persons.

e) Because Pyare Lal posted as Head Constable in Crime Branch and

he managed the investigation officer and he is taking full advantage
of his power and post and he is a master-mind of all the criminal
activities like extortion, kidnapping, land grabbing, have local goon
friends and endless criminals associates who help him to achieve his
ill-motives to earn easy money.

f) Because the accused persons are giving continuously threat to

petitioner and his family member and they can do any unlawful
activities at any moment and thus, the life and liberty of the
petitioner & his family members are at high risk and also slow and
creepy investigation violates the rights of the petitioner guaranteed
under Article 14, 21 of Constitution of India.

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.

6. The petitioner has no other efficacious remedy available to get quick

and complete justice except by way of filing the present writ petition.

7. That the annexures to the present petition are true

copies/translations of their respective originals.

8. That the petitioner has not filed any other similar petition either

before this Honble Court or before the Honble Supreme Court or

before any other court of law.

PRAYER

Therefore it is most respectfully prayed that this Hon'ble Court

may be pleased to issue a writ of mandamus, or any other
appropriate writ, order, or direction to the respondent directing them
to:

i. Issue of writ, order or direction in the nature of mandamus to the

Respondent No. 1 & 2 to file the status report and
complete/expetidite the investigation in a time bound manner in
FIR No. 218/2012 dated 30.08.2012 registered under section
 384 / 387 / 342 / 347 / 506 / 120b of IPC, P.S. Crime Branch,
District crime & railways

ii. Issue a writ, order or direction in the nature of mandamus

directing & commanding the Respondents No. 1 and 2 to provide
protection to the petitioner and her family members;

iii. Pass any other or further order which this Honble court may
deem fit and proper in the interest of justice .

AND THE PETITIONER AS DUTY BOUND, SHALL EVER PRAY

FOR THIS ACT OF KINDNESS.

DATE:

PETITIONER
NEW DELHI

Through Counsel

PANKHURI JAISWAL , PRASHANT SINGH

(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:

1. That I am the petitioner in the above mentioned petition and am well

conversant with the facts of the case and am thus competent to depose
this affidavit.

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:

1. That I am the petitioner in the above mentioned petition and

am well conversant with the facts of the case and am thus
competent to depose this affidavit.

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