Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 40165 (PNJ)

ASHISH BHALLA v. STATE OF HARYANA

CRM-M/17130/2025 · 2025-08-22

Rajesh Bhardwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-17130 IN THE HIGH COURT OF PUNJAB AND HARYANA 122+271 Ashish Bhalla State of Haryana and Coram : Present: Rajesh Bhardwaj, J. 1. the petitioner has made various prayers viz. quashing of FIRs mentioned in the table Annexure P warrants etc. 2. behalf of the petitioner fairly submits that though the present petition has been filed for quashing the FIRs with further prayer for consolidation/clubbing of the FIRs, however, he restricts his p all the FIRs registered against the petitioners complainants. with liberty to approach this Court again with better p 3. petition is ordered to be dismissed as 17130-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ashish Bhalla Versus State of Haryana and others Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Chetan Mittal, Senior Advocate, with Ms. Bahuli Sharma, Advocate, Mr. Mayank Aggarwal, Advocate, Mr. Aakash Deep Singh, Advocate, Mr. Ishwar Singh, Advocate, for the petitioner. Mr. Sumit Jain, Addl. A.G., Haryana, with Ms. Diya Sodhi, Senior DAG, Haryana. **** Rajesh Bhardwaj, J. In the instant petition filed under Section 528 of the BNSS, 2023, the petitioner has made various prayers viz. quashing of FIRs mentioned in the table Annexure P-1, consolidation/clubbing of FIRs and quashing of production warrants etc. During the course of hearing, learned Senior counsel appearing on behalf of the petitioner fairly submits that though the present petition has been filed for quashing the FIRs with further prayer for consolidation/clubbing of the FIRs, however, he restricts his prayer only qua consolidation/clubbing of all the FIRs registered against the petitioners complainants. He prays for withdrawal of his prayer for quashing the FIRs, with liberty to approach this Court again with better p The aforesaid prayer of the petitioner is accepted and the present petition is ordered to be dismissed as withdrawn - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17130-2025 (O&M) Decided on:22.08.2025 ...Petitioner ...Respondents Hon’ble Mr. Justice Rajesh Bhardwaj Chetan Mittal, Senior Advocate, with Mr. Mayank Aggarwal, Advocate, Mr. Aakash Deep Singh, Advocate, and for the petitioner. Mr. Sumit Jain, Addl. A.G., Haryana, with Ms. Diya Sodhi, Senior DAG, Haryana. In the instant petition filed under Section 528 of the BNSS, 2023, the petitioner has made various prayers viz. quashing of FIRs mentioned in the 1, consolidation/clubbing of FIRs and quashing of production ourse of hearing, learned Senior counsel appearing on behalf of the petitioner fairly submits that though the present petition has also been filed for quashing the FIRs with further prayer for consolidation/clubbing rayer only qua consolidation/clubbing of all the FIRs registered against the petitioners on similar allegations by different He prays for withdrawal of his prayer for quashing the FIRs, with liberty to approach this Court again with better particulars. The aforesaid prayer of the petitioner is accepted and the present withdrawn, with the liberty aforesaid, qua ...Petitioner ...Respondents In the instant petition filed under Section 528 of the BNSS, 2023, the petitioner has made various prayers viz. quashing of FIRs mentioned in the 1, consolidation/clubbing of FIRs and quashing of production ourse of hearing, learned Senior counsel appearing on also been filed for quashing the FIRs with further prayer for consolidation/clubbing rayer only qua consolidation/clubbing of on similar allegations by different He prays for withdrawal of his prayer for quashing the FIRs, The aforesaid prayer of the petitioner is accepted and the present , with the liberty aforesaid, qua VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document CRM-M-17130 quashing of the FIRs. Now, the present petition survives only qua the prayer for clubbing allegations by different complainants. 4. submits that the petitioner is an urban designer and development professional. He is a Promoter/Director in W one of the group companies of W petitioner’s company society/projects, entered into whereby it was agreed between the petitioner’s company and the collaborators that the petitioner’s company, in pursuance of the collaboration agreements, will obtain requisite/necessary licenses for developing the residential p society. It is submitted that the petitioner is a reputed person whose company, with bona fide submitted applications for obtaining licenses under the Deen Dayal Jan Awas Yojna and su granted two licenses to the petitioner. After obtaining the licenses and necessary registration from the Haryana Real Estate Regulatory Authority (HRERA), plots were allotted to the collaborators of Haryana officially suspended the operation and implementation of the Deen Dayal Jan Awas Yojana program within the geographical boundaries of Gurugram and Faridabad districts and the petitioner’s company informed its collaborators about the said development and also about the proposal for alternative options but due to the business rivalry, their personal vendetta and in order to seek vengeance, the rivals started instigating the collaborators of the petitioner’s company to of the Negotiable Instruments Act, 1881 against the petitioner and resultantly, the petitioner has been roped in various FIRs, which are as follows: 17130-2025 (O&M) quashing of the FIRs. Now, the present petition survives only qua the prayer for clubbing of various FIRs registered against the petitioner allegations by different complainants. Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is an urban designer and development professional. romoter/Director in WTC Faridabad Infrastructure Pvt. Ltd., which is one of the group companies of WTC Noida Development Co. Pvt. Ltd. The petitioner’s company, in order to develop the plotted residential society/projects, entered into Collaboration A whereby it was agreed between the petitioner’s company and the collaborators petitioner’s company, in pursuance of the collaboration agreements, will obtain requisite/necessary licenses for developing the residential p society. It is submitted that the petitioner is a reputed person whose company, bona fide intention to operate in Faridabad, acquired 87 acres of land and submitted applications for obtaining licenses under the Deen Dayal Jan Awas Yojna and subsequently, the Director, Town & Country Planning, Haryana, granted two licenses to the petitioner. After obtaining the licenses and necessary registration from the Haryana Real Estate Regulatory Authority (HRERA), plots were allotted to the collaborators of Haryana officially suspended the operation and implementation of the Deen Dayal Jan Awas Yojana program within the geographical boundaries of Gurugram and Faridabad districts and the petitioner’s company informed its orators about the said development and also about the proposal for alternative options but due to the business rivalry, their personal vendetta and in order to seek vengeance, the rivals started instigating the collaborators of the petitioner’s company to register FIRs as well as complaint under Sections 138 of the Negotiable Instruments Act, 1881 against the petitioner and resultantly, the petitioner has been roped in various FIRs, which are as follows: - 2 - quashing of the FIRs. Now, the present petition survives only qua the prayer of various FIRs registered against the petitioner on similar Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is an urban designer and development professional. TC Faridabad Infrastructure Pvt. Ltd., which is TC Noida Development Co. Pvt. Ltd. The in order to develop the plotted residential Agreements with the collaborators whereby it was agreed between the petitioner’s company and the collaborators petitioner’s company, in pursuance of the collaboration agreements, will obtain requisite/necessary licenses for developing the residential plotted society. It is submitted that the petitioner is a reputed person whose company, intention to operate in Faridabad, acquired 87 acres of land and submitted applications for obtaining licenses under the Deen Dayal Jan Awas bsequently, the Director, Town & Country Planning, Haryana, granted two licenses to the petitioner. After obtaining the licenses and necessary registration from the Haryana Real Estate Regulatory Authority (HRERA), plots were allotted to the collaborators. Thereafter, the Government of Haryana officially suspended the operation and implementation of the Deen Dayal Jan Awas Yojana program within the geographical boundaries of Gurugram and Faridabad districts and the petitioner’s company informed its orators about the said development and also about the proposal for alternative options but due to the business rivalry, their personal vendetta and in order to seek vengeance, the rivals started instigating the collaborators of the register FIRs as well as complaint under Sections 138 of the Negotiable Instruments Act, 1881 against the petitioner and resultantly, the petitioner has been roped in various FIRs, which are as follows:- quashing of the FIRs. Now, the present petition survives only qua the prayer on similar Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is an urban designer and development professional. TC Faridabad Infrastructure Pvt. Ltd., which is TC Noida Development Co. Pvt. Ltd. The in order to develop the plotted residential the collaborators whereby it was agreed between the petitioner’s company and the collaborators petitioner’s company, in pursuance of the collaboration agreements, lotted society. It is submitted that the petitioner is a reputed person whose company, intention to operate in Faridabad, acquired 87 acres of land and submitted applications for obtaining licenses under the Deen Dayal Jan Awas bsequently, the Director, Town & Country Planning, Haryana, granted two licenses to the petitioner. After obtaining the licenses and necessary registration from the Haryana Real Estate Regulatory Authority . Thereafter, the Government of Haryana officially suspended the operation and implementation of the Deen Dayal Jan Awas Yojana program within the geographical boundaries of Gurugram and Faridabad districts and the petitioner’s company informed its orators about the said development and also about the proposal for alternative options but due to the business rivalry, their personal vendetta and in order to seek vengeance, the rivals started instigating the collaborators of the register FIRs as well as complaint under Sections 138 of the Negotiable Instruments Act, 1881 against the petitioner and resultantly, VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document CRM-M-17130 17130-2025 (O&M) 1. FIR No.119 dated 07.05.2024, registered under Sec 406 IPC, at Police Station BPTP Faridabad. 2. FIR No.245 dated 11.07.2024, registered under Sections 420 & 506 IPC, at Police Station 3. FIR No.340 dated 26.09.2024 & 420 IPC, at Police Station 4. FIR No.341 dated 26.09.2024 & 420 IPC, at Police Station 5. FIR No.366 dated 15.11.2024 & 420 IPC, at Police Station 6. FIR No.367 dated 15.11.2024 & 420 IPC, at Police Station 7. FIR No.369 dated 16.11.2024 & 420 IPC, at Police Station 8. FIR No.370 dated 16.11.2024 & 420 IPC, at Police Station 9. FIR No.371 dated 16.11.2024 & 420 IPC, at Police Station 10. FIR No.411 dated 13.12.2024 & 420 IPC, at Police Station 11. FIR No.413 dated 13.12.2024 & 420 IPC, at Police Station 12. FIR No.414 dated 13.12.2024 & 420 IPC, at Police Station 13. FIR No.415 dated 13.12.2024 & 420 IPC, at Police Station 14. FIR No.2 dated 02.01.2025 420 IPC, at Police Station EOW, Central Faridabad. 15. FIR No.11 dated 08.01.2025 420 IPC, at Police Station EOW, Central Faridabad. 16. FIR No.12 dated 08.01.2025 420 IPC, at Police Station E 17. FIR No.23 dated 18.01.2025 420 IPC, at Police Station EOW, Central Faridabad. 18. FIR No.24 dated 18.01.2025 420 IPC, at Police Station EOW, Central Faridabad. - 3 - FIR No.119 dated 07.05.2024, registered under Sections 420 & 406 IPC, at Police Station BPTP Faridabad. .2024, registered under Sections 120- 06 IPC, at Police Station Old Faridabad. 26.09.2024, registered under Sections 120 tion EOW, Central Faridabad. 26.09.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 15.11.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 15.11.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 16.11.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 16.11.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 16.11.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 13.12.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 13.12.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 13.12.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 13.12.2024, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 02.01.2025, registered under Sections 120-B & EOW, Central Faridabad. 08.01.2025, registered under Sections 120-B & EOW, Central Faridabad. 08.01.2025, registered under Sections 120-B & EOW, Central Faridabad. 18.01.2025, registered under Sections 120-B & EOW, Central Faridabad. .01.2025, registered under Sections 120-B & EOW, Central Faridabad. tions 420 & -B, 120-B 120-B 120-B 120-B 120-B 120-B 120-B 120-B 120-B 120-B 120-B B & B & B & B & B & VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document CRM-M-17130 5. common allegations, at various police stations only in order to harass and humiliate him. It is submitted that in FIR No.369/2024 dated 16.11.2024, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad, the investigation is already complete and the challan is also presented. He submitted that the petitioner is seriously prejudiced in defending himself in all the FIRs which are registered at different po clubbed. In support of his arguments, he relied upon a recent judgment of the Supreme Court rendered in the case of Ors., Special Leave to Appeal (Crl.) No.4073/2025 submitted that considering principal/main FIR, rest of all other FIRs registered against the petitioner on the similar allegations by different complainants and also the FIRs that may be registered against the petitioner in future with respect to the same allegations at 17130-2025 (O&M) 19. FIR No.42 dated 06.02.2025 420 IPC, at Police Station EOW, Central Faridabad. 20. FIR No.49 dated 20.02.2025 420 IPC, at Police Station EOW, Central Faridabad. 21. FIR No.56 dated 26.02.2025 420 IPC, at Police Station Faridabad Central. 22. FIR No.87 dated 28.03.2025 420 IPC, at Police Station EOW, Central Faridabad. 23. FIR No.108 dated 21.04.2025 & 420 IPC, at Police Station 24. FIR No.110 dated 21.04.2025 & 420 IPC, at Police Station 25. FIR No.113 dated 24.04.2025 & 420 IPC, at Police Station 26. FIR No.137 dated 27.05.2025 & 420 IPC, at Police Station It is submitted by the learned Senior counsel that on the basis of common allegations, the petitioner is being prosecuted at various police stations only in order to harass and humiliate him. It is submitted that in FIR No.369/2024 dated 16.11.2024, registered under Sections 420 IPC, at Police Station EOW, Central Faridabad, the investigation is already complete and the challan is also presented. He submitted that the petitioner is seriously prejudiced in defending himself in all the FIRs which are registered at different police stations and, thus, all these FIRs deserve to be clubbed. In support of his arguments, he relied upon a recent judgment of the Supreme Court rendered in the case of Alok Kumar vs. The State of Bihar & Special Leave to Appeal (Crl.) No.4073/2025 submitted that considering the aforesaid FIR No.369/2024 as the principal/main FIR, rest of all other FIRs registered against the petitioner on the similar allegations by different complainants and also the FIRs that may be stered against the petitioner in future with respect to the same allegations at - 4 - 06.02.2025, registered under Sections 406 EOW, Central Faridabad. 20.02.2025, registered under Sections 120-B & EOW, Central Faridabad. 02.2025, registered under Sections 120-B & Faridabad Central. 28.03.2025, registered under Sections 120-B & EOW, Central Faridabad. 21.04.2025, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 21.04.2025, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. 24.04.2025, registered under Sections 120 IPC, at Police Station EOW, Central Faridabad. 27.05.2025, registered under Sections 120 420 IPC, at Police Station EOW, Central Faridabad. It is submitted by the learned Senior counsel that on the basis of prosecuted by lodging various FIRs at various police stations only in order to harass and humiliate him. It is submitted that in FIR No.369/2024 dated 16.11.2024, registered under Sections 420 IPC, at Police Station EOW, Central Faridabad, the investigation is already complete and the challan is also presented. He submitted that the petitioner is seriously prejudiced in defending himself in all the FIRs which are lice stations and, thus, all these FIRs deserve to be clubbed. In support of his arguments, he relied upon a recent judgment of the Alok Kumar vs. The State of Bihar & Special Leave to Appeal (Crl.) No.4073/2025, decided on 12.08.2025 and the aforesaid FIR No.369/2024 as the principal/main FIR, rest of all other FIRs registered against the petitioner on the similar allegations by different complainants and also the FIRs that may be stered against the petitioner in future with respect to the same allegations at 406 & B & B & B & 120-B 120-B 120-B 120-B It is submitted by the learned Senior counsel that on the basis of ing various FIRs at various police stations only in order to harass and humiliate him. It is submitted that in FIR No.369/2024 dated 16.11.2024, registered under Sections 420 IPC, at Police Station EOW, Central Faridabad, the investigation is already complete and the challan is also presented. He submitted that the petitioner is seriously prejudiced in defending himself in all the FIRs which are lice stations and, thus, all these FIRs deserve to be clubbed. In support of his arguments, he relied upon a recent judgment of the Alok Kumar vs. The State of Bihar & , decided on 12.08.2025 and the aforesaid FIR No.369/2024 as the principal/main FIR, rest of all other FIRs registered against the petitioner on the similar allegations by different complainants and also the FIRs that may be stered against the petitioner in future with respect to the same allegations at VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document CRM-M-17130 various police station may be treated as statements under Section 161 of the Cr.P.C. 6. quashing of the FIR petitioner, but he is also in agreement with the argument Senior counsel for the petitioner Supreme Court regarding clubbing of the FIRs. 7. the prayer made by learned Senior counsel appearing on behalf of the petitioner regarding clubbing of the FIRs registered against the petitioner on the same allegations by different com the Supreme Court in Court has held as under: 8. allowed and keeping in view the law settled by the Supreme Court in Kumar’s case (supra), 17130-2025 (O&M) various police station may be treated as statements under Section 161 of the Learned State counsel has opposed the prayer of the petitioner qua quashing of the FIRs, which though has already been withdrawn by the petitioner, but he is also in agreement with the argument Senior counsel for the petitioner in view of Supreme Court regarding clubbing of the FIRs. After hearing learned counsel for the parties, it is discernible that the prayer made by learned Senior counsel appearing on behalf of the petitioner regarding clubbing of the FIRs registered against the petitioner on the same allegations by different complainants is in consonance with the law settled by the Supreme Court in Alok Kumar’s case (supra), Court has held as under:- “15. In such circumstances, referred to above, the first thing that we should do is to order clubbing of all t FIRs/Criminal Cases registered against the petitioner. 16. We direct that the very first FIR registered against the petitioner dated 11.01.2018 with the Shastri Nagar Police Station, Patna, Bihar shall be treated as the main FIR. All other First Information Reports shall be treated as statements under Section 161 of the Criminal Procedure Code, 1973 (for short “the CrPC”). We are passing this order in tune with the decision of this Court in the case of State of U.P. and Another” reported in 2023 (14) SCC 805. 17. We clarify that any FIR that may be registered against the petitioner an the company in future with respect to delivery of property to home buyers shall also be treated as a Statement under Section 161 of the CrPC.” In view of the aforesaid discussi allowed and keeping in view the law settled by the Supreme Court in Kumar’s case (supra), it is ordered that FIR No.369/2024 dated 16.11.2024, - 5 - various police station may be treated as statements under Section 161 of the Learned State counsel has opposed the prayer of the petitioner qua s, which though has already been withdrawn by the petitioner, but he is also in agreement with the argument raised by the learned in view of the law settled by the Hon’ble Supreme Court regarding clubbing of the FIRs. After hearing learned counsel for the parties, it is discernible that the prayer made by learned Senior counsel appearing on behalf of the petitioner regarding clubbing of the FIRs registered against the petitioner on the same plainants is in consonance with the law settled by Alok Kumar’s case (supra), in which the Supreme In such circumstances, referred to above, the first thing that we should do is to order clubbing of all the 81 FIRs/Criminal Cases registered against the petitioner. We direct that the very first FIR registered against the petitioner dated 11.01.2018 with the Shastri Nagar Police Station, Patna, Bihar shall be treated as the main FIR. All other ormation Reports shall be treated as statements under Section 161 of the Criminal Procedure Code, 1973 (for short “the CrPC”). We are passing this order in tune with the decision of this Court in the case of “Satinder Singh Bhasin v. reported in 2023 (14) SCC 805. We clarify that any FIR that may be registered against the petitioner an the company in future with respect to delivery of property to home buyers shall also be treated as a Statement under Section 161 of the CrPC.” In view of the aforesaid discussion, the present petition is partially allowed and keeping in view the law settled by the Supreme Court in Alok it is ordered that FIR No.369/2024 dated 16.11.2024, various police station may be treated as statements under Section 161 of the Learned State counsel has opposed the prayer of the petitioner qua s, which though has already been withdrawn by the the learned Hon’ble After hearing learned counsel for the parties, it is discernible that the prayer made by learned Senior counsel appearing on behalf of the petitioner regarding clubbing of the FIRs registered against the petitioner on the same plainants is in consonance with the law settled by in which the Supreme In such circumstances, referred to above, the first thing he 81 We direct that the very first FIR registered against the petitioner dated 11.01.2018 with the Shastri Nagar Police Station, Patna, Bihar shall be treated as the main FIR. All other ormation Reports shall be treated as statements under Section 161 of the Criminal Procedure Code, 1973 (for short “the CrPC”). We are passing this order in tune with the “Satinder Singh Bhasin v. We clarify that any FIR that may be registered against the petitioner an the company in future with respect to delivery of property to home buyers shall also be treated as a Statement on, the present petition is partially Alok it is ordered that FIR No.369/2024 dated 16.11.2024, VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document CRM-M-17130 registered under Sections 120 Faridabad against the petitioner be treated as the principal/main FIR and all other 25 FIRs mentioned in para no.4 of this order, based on the similar allegations and lodged by the different complainants, be treated as statements under Section 161 of t registered against the petitioner in future treated as a statement under Section 161 of the Cr.P.C. 9. August 22, 2025 vinod* 17130-2025 (O&M) registered under Sections 120-B & 420 IPC, at Police Station EOW, Cent Faridabad against the petitioner be treated as the principal/main FIR and all other 25 FIRs mentioned in para no.4 of this order, based on the similar allegations and lodged by the different complainants, be treated as statements under Section 161 of the Cr.P.C. It is also ordered that any FIR that may be registered against the petitioner in future involving similar allegations be also treated as a statement under Section 161 of the Cr.P.C. All the pending applications stand disposed of. , 2025 Whether Speaking/Reasoned: Whether Reportable: - 6 - B & 420 IPC, at Police Station EOW, Cent Faridabad against the petitioner be treated as the principal/main FIR and all other 25 FIRs mentioned in para no.4 of this order, based on the similar allegations and lodged by the different complainants, be treated as statements he Cr.P.C. It is also ordered that any FIR that may be involving similar allegations be also treated as a statement under Section 161 of the Cr.P.C. All the pending applications stand disposed of. (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES B & 420 IPC, at Police Station EOW, Central Faridabad against the petitioner be treated as the principal/main FIR and all other 25 FIRs mentioned in para no.4 of this order, based on the similar allegations and lodged by the different complainants, be treated as statements he Cr.P.C. It is also ordered that any FIR that may be involving similar allegations be also VINOD KUMAR 2025.09.02 15:28 I attest to the accuracy and integrity of this document