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2025 DAILYLAW 24818 (DEL)

VINAYAK, IN JC v. THE STATE GOVT. OF NCT FO DELHI AND ANR.

W.P.(CRL)/3510/2023 · 2025-09-18

Sanjeev Narula

Writ Petition (Criminal)body2025

Judgment text

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W.P.(CRL) 3510/2023 Page 1 of 3 $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3510/2023 VINAYAK, IN JC .....Petitioner Through: Mr. Zakir Raza and Mr. Uvaishallah Ansari, Advocates. versus THE STATE GOVT. OF NCT FO DELHI AND ANR. .....Respondents Through: Mr. Amol Sinha, ASC with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi Lazarus, Mr. Nitish Dhawan and Ms. Sanskriti Nimbekar, Advocates for the State. SI Rajendra, Inter State Cell, Crime Branch, Chanakyapuri. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 18.09.2025 1. The Petitioner, through the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (corresponding to Section 482 of the Code of Criminal Procedure, 19732), seeks quashing of FIR No. 253/2023 dated 20th October, 2023, registered at P.S. Crime Branch. The principal contention urged is that the Petitioner is already being prosecuted in another FIR for the same offence. More particularly, it is submitted that the foundation of FIR 1 “BNSS” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2025 at 12:48:19 W.P.(CRL) 3510/2023 Page 2 of 3 No. 253/2023, which is registered under Sections 406/420/468/471/34 of the Indian Penal Code, 18603, is identical to FIR No. 12/2023 dated 18th January, 2023, registered under Sections 406/420/120B IPC read with Section 24 of the Immigration Act, 2000 at P.S. Phase-I, SAS Nagar, Punjab. 2. In view of the above submission, a coordinate Bench of this Court, vide order dated 30th November, 2023, directed the State to place on record a status report, which has since been filed. 3. The status report sets out the circumstances leading to the registration of FIR No. 253/2023. It records that a complaint was received from one Jatinder Singh, who alleged that he had been induced by the Petitioner and his associates, operating under the name of ‘Birla-G’, to part with large sums of money on the pretext of securing a Canadian visa. The complainant was shown forged visas, was made to pay an amount of INR 12 lakhs in cash and was further handed a cheque which was subsequently dishonoured. 4. Upon enquiry, it was revealed that the Petitioner, along with other co- accused, was running a wide-spread racket involving forged visas and fraudulent companies. Raids conducted at the premises of one such entity, Chandigarh to Abroad, led to the recovery of forged passports, visas, seals, laptops, printers, and other incriminating material. Several accused persons, including Tarun Kumar, Vinayak @ Binny, Jaswinder Singh, and Nitin Sharma, have been arrested and charge sheets filed against them. The report further notes that the Petitioner, along with Tarun Kumar, is running a syndicate in the names of different companies, through which members of 2 “CrPC” 3 “IPC” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2025 at 12:48:19 W.P.(CRL) 3510/2023 Page 3 of 3 the public have been cheated on a large scale. Till date, 19 other complainants have been examined, and investigation into additional complaints is ongoing. 5. The report also clarifies the aspect sought to be pressed by the Petitioner, namely the pendency of FIR No. 12/2023. It is categorically stated that the complainant therein is a different individual, albeit bearing the same name “Balwinder Singh”, and that the forged visas furnished to the complainants in the two FIRs are distinct. Thus, the Status Report makes it evident that the present FIR is not founded on the same offence as FIR No. 12/2023 but concerns separate transactions of cheating involving different victims. 6. In the light of the above, this Court is of the opinion that, since the FIRs have been registered at the instance of different complainants and concern multiple victims who have allegedly been cheated by the Petitioner and his associates, the foundation for seeking quashing of FIR No. 253/2023 is untenable. 7. Accordingly, the present petition is dismissed. 8. Disposed of. SANJEEV NARULA, J SEPTEMBER 18, 2025/d.negi This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2025 at 12:48:19