TaxTMI 
TaxTMI 
2026 (5) TMI 1840
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....ing appropriate directions from this Court for clubbing/transfer of multiple First Information Reports registered against them in different jurisdictions, arising out of the same set of transactions pertaining to the real estate project "Brahma City/Krrish World", so as to obviate multiplicity of proceedings and to enable the petitioners to effectively defend themselves in the criminal proceedings. The facts leading to this Writ petition is thus: 2. The petitioners no.1 and 2 were the Directors in a company M/s Krrish Realtech Pvt. Ltd, which had launched several real estate projects, including a project namely 'Brahma City' / 'Krrish World', and had accepted bookings from the homebuyers towards sale of the plots in the said project. 3. The said Project got delayed and stuck on account of various reasons beyond the control of the petitioners, and as such, the petitioners could not deliver the possession of plots to all the homebuyers, which led to filing of several FIRs against them. Out of several FIRs, an FIR No. 30/2019 was registered by Economic Offence Wing of Delhi Police (EOW), in which the complaints made by 83 homebuyers/victims were clubbed and inves....
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....n the basis of settlement between the parties, by the Hon'ble Punjab & Haryana High Court at Chandigarh vide order dated 09.07.2015 passed in CRM-M-36606 of 2013. 7. On 02.05.2016, an FIR No. 52/2016 under Sections 406, 420 and 120B Indian Penal Code, 1860 was registered at Economic Offence Wing, Delhi against M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. pertaining to the project 'Brahma City' on the allegations that an Agreement/MoU was entered into by the accused company with the complainant M/s Imperia Structures Ltd. to allot plots in the said project and had even obtained the money despite the fact that there were no plots available with the accused company for allotment. 8. On 07.03.2019, another FIR being FIR No. 30/2019 under Sections 409, 420 and 120B Indian Penal Code, 1860 was registered at Economic Offence Wing, Delhi against M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. on various allegations pertaining to the project Brahma City. The complaints received by as many as 83 home-buyers were clubbed with the said FIR and were investigated by the Economic Offence Wing of the Delhi Police. 9. On 18.04.2019, it was submitted b....
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....Realty Nirman Pvt. Ltd. and others on the allegations that the accused had induced the complainant to book flats in their project 'De Provence' at Gwal Pahari, Gurugram but had failed to complete the project and to handover the possession thereof despite complete payment made to the accused. 14. The matter reached this Hon'ble Court in SLP(C) No. 6013 Of 2022 filed by M/s. Krrish Realtech Pvt. Ltd. after the concerned authorities had cancelled the development license and had restrained M/s Krrish Realtech Pvt. Ltd. to create third party rights in the subject land and the Hon'ble High Court did not granted interim relief in Writ Petition filed against the same by M/s Krrish Realtech Pvt. Ltd. This Hon'ble Court was pleased to appoint Hon'ble Ms. Justice Gita Mittal as a Referee to prepare a comprehensive chart with details of all the allottees in the project Brahma City with status as to their allotment, payment status, area, etc. The petitioners are not reproducing the proceedings in the said petition before this Hon'ble Court, in view of the narrow scope of the present writ petition. However, in view of the above, the Hon'ble Delhi High Court in ....
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....FIRs which may be registered in future on the basis of the same transactions i.e., transactions pertaining to allotment of plots in the Project 'Brahma City' / 'Krish World' by M/s. Krrish Realtech Private Limited. CONTENTIONS 15. Learned senior Counsel for the petitioners contended that several FIRs have been registered in Delhi (EOW) and Haryana based on the same real estate project ("Brahma City / Krrish World"). FIR No. 30/2019 (EOW Delhi) already clubbed complaints of 83 homebuyers and is under investigation/trial. Subsequent FIR (No. 439/2024, Gurugram) is based on identical allegations such as cheating, non-delivery of the plots/flats to the respective home buyers, siphoning of the amount paid by the home buyers/transferring the said amount to other companies, and/or diverting the amounts in other projects. Learned senior counsel for the Petitioner further submitted that at the most, the Petitioner could have been fastened with the civil liability for an alleged breach of agreement. In support of his submission, learned counsel further submitted the final report in one of the cases namely, FIR NO. 52/2016. The Investigating Agency i.e. the Economic Offe....
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....rt in T.T Antony vs State of Kerala (2001) 6 SCC181 held thus: "18. An information given under sub-section (1) of Section 154 CrPC is commonly known as first information report (FIR) though this term is not used in the Code. It is a very important document. And as its nickname suggests it is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station. It sets the criminal law in motion and marks the commencement of the investigation which ends up with the formation of opinion under Section 169 or 170 CrPC, as the case may be, and forwarding of a police report under Section 173 CrPC. It is quite possible and it happens not infrequently that more informations than one are given to a police officer in charge of a police station in respect of the same incident involving one or more than one cognizable offences. In such a case he need not enter every one of them in the station house diary and this is implied in Section 154 CrPC. Apart from a vague information by a phone call or a cryptic telegram, the information first entered in the station house diary, kept for this purpose, by a police officer in charge of a police stat....
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....ring further investigation he collects further evidence, oral or documentary, he is obliged to forward the same with one or more further reports; this is the import of sub-section (8) of Section 173 CrPC". "20. From the above discussion it follows that under the scheme of the provisions of Sections 154, 155, 156, 157, 162, 169, 170 and 173 CrPC only the earliest or the first information in regard to the commission of a cognizable offence satisfies the requirements of Section 154 CrPC. Thus there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences. On receipt of information about a cognizable offence or an incident giving rise to a cognizable offence or offences and on entering the PIR in the station house diary, the officer in charge of a police station has to investigate not merely the cognizable offenee reported in the PIR but also other connected offences found to have been committed in the course of the same transaction or the same occurrence and file one or more reports as provided ....