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2025 DAILYLAW 44384 (PNJ)

PARMESH CONSTRUCTION COMPANY LIMITED AND OTHERS v. STATE OF HARYANA AND OTHERS

CRM-M/19451/2025 · 2025-08-22

Rajesh Bhardwaj

body2025

Judgment text

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CRM-M-19451 IN THE HIGH COURT OF PUNJAB AND HARYANA 263 Parmesh Construction Company Limited and others State of Haryana and others Coram : Present: Rajesh Bhardwaj, J. 1. the petitioner FIRs registered against the petitioners, not to register any other or subsequent FIRs/Complaint(s) against them and also no to take any coercive action against them. 2. of the petitioner filed for issuance of directions to respondent nos.1 to 4 not to register any other or subsequent FIRs/Co any coercive action against them, consolidation/clubbing of all the FIRs registered against the petitioners on similar allegations by different complainants. 9451-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Parmesh Construction Company Limited and others Versus State of Haryana and others Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Gajanand Kirodiwal, Advocate, Mr. Karan Kaushal, Advocate, for the petitioners. Mr. Sumit Jain, Addl. A.G., Haryana, with Ms. Diya Sodhi, Senior DAG, Haryana. Mr. Shivam Grover, Advocate, and Ms. Bhumika Salhan, Advocate, **** Rajesh Bhardwaj, J. In the instant petition filed under Section 528 of the the petitioners have made various prayers viz. FIRs registered against the petitioners, not to register any other or subsequent FIRs/Complaint(s) against them and also no to take any coercive action against During the course of hearing, learned counsel appearing on behalf of the petitioners fairly submits that though the present petition has also been issuance of directions to respondent nos.1 to 4 not to register any other or subsequent FIRs/Complaint(s) against the petitioners and also not to take any coercive action against them, however, he restricts his prayer only qua consolidation/clubbing of all the FIRs registered against the petitioners on similar allegations by different complainants. - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19451-2025 (O&M) Decided on:22.08.2025 Parmesh Construction Company Limited and others ...Petitioner ...Respondents Hon’ble Mr. Justice Rajesh Bhardwaj Advocate, and Mr. Karan Kaushal, Advocate, for the petitioners. Mr. Sumit Jain, Addl. A.G., Haryana, with Ms. Diya Sodhi, Senior DAG, Haryana. and Ms. Bhumika Salhan, Advocate, for the complainant. In the instant petition filed under Section 528 of the BNSS, 2023, made various prayers viz. clubbing/consolidation of the FIRs registered against the petitioners, not to register any other or subsequent FIRs/Complaint(s) against them and also no to take any coercive action against During the course of hearing, learned counsel appearing on behalf fairly submits that though the present petition has also been issuance of directions to respondent nos.1 to 4 not to register any other mplaint(s) against the petitioners and also not to take however, he restricts his prayer only qua consolidation/clubbing of all the FIRs registered against the petitioners on similar allegations by different complainants. ...Petitioners ...Respondents BNSS, 2023, consolidation of the FIRs registered against the petitioners, not to register any other or subsequent FIRs/Complaint(s) against them and also no to take any coercive action against During the course of hearing, learned counsel appearing on behalf fairly submits that though the present petition has also been issuance of directions to respondent nos.1 to 4 not to register any other mplaint(s) against the petitioners and also not to take however, he restricts his prayer only qua consolidation/clubbing of all the FIRs registered against the petitioners on VINOD KUMAR 2025.09.10 10:34 I attest to the accuracy and integrity of this document CRM-M-19451 3. the petitioner Bhutani Group, which are the developers of commercial and residential real estate projects situated in Noida Memorandum of Understanding (for short “MoU”) with Infrastructure of the group companies of WTC Noida Development Co. Pvt. Ltd. submitted that the WTC-F but fact that Bhutani Group settled several customers of the WTC either issuing refunds submitted that the petitioners, by way of widespread press release and news articles, informed the public at large that they have decided to disengage entirely from the WTC group as it is not a financially viable p there are certain discrepancies in the books and dealings of the WTC were not disclosed but cannot be ignored. He further submitted that WTC-F, with whom the complainants booked their respective plots and the petitioners h agreement with the compla submitted that on the basis of common allegations, the petitioners are being prosecuted by lodging various FIRs at vario harass and humiliate them. 26.02.2025, registered under Sections 120 Faridabad Central petitioners are seriously prejudiced in defending themselves in all the FIRs which are registered at different police stations and, thus, all these FIRs 9451-2025 (O&M) Learned counsel appearing on behalf of the petitioner submits that the petitioners are the companies, directors, agents and employees of the Bhutani Group, which are the developers of commercial and residential real estate projects situated in Noida and Delhi NCR Memorandum of Understanding (for short “MoU”) with Infrastructure Development Private Limited (for short “WTC of the group companies of WTC Noida Development Co. Pvt. Ltd. submitted that though, at one point of time, the petitioners executed MoUs with F but the said MoUs were never acted upon by the parties except the fact that Bhutani Group settled several customers of the WTC either issuing refunds by allotting the inventory in its own projects. It is also submitted that the petitioners, by way of widespread press release and news articles, informed the public at large that they have decided to disengage entirely from the WTC group as it is not a financially viable p there are certain discrepancies in the books and dealings of the WTC were not disclosed but cannot be ignored. He further submitted that F, with whom the complainants booked their respective plots and the petitioners have never executed any collaboration agreement/builder buyer’s agreement with the complainants in the projects of WTC submitted that on the basis of common allegations, the petitioners are being prosecuted by lodging various FIRs at vario harass and humiliate them. It is submitted that 26.02.2025, registered under Sections 120- Faridabad Central, the investigation is almost complete. petitioners are seriously prejudiced in defending themselves in all the FIRs which are registered at different police stations and, thus, all these FIRs - 2 - Learned counsel appearing on behalf of the petitioner submits that s are the companies, directors, agents and employees of the Bhutani Group, which are the developers of commercial and residential real and Delhi NCR, who had executed Memorandum of Understanding (for short “MoU”) with WTC Faridabad Development Private Limited (for short “WTC-F”), which is one of the group companies of WTC Noida Development Co. Pvt. Ltd. He time, the petitioners executed MoUs with the said MoUs were never acted upon by the parties except the fact that Bhutani Group settled several customers of the WTC-F by way of ventory in its own projects. It is also submitted that the petitioners, by way of widespread press release and news articles, informed the public at large that they have decided to disengage entirely from the WTC group as it is not a financially viable proposition and there are certain discrepancies in the books and dealings of the WTC-F which were not disclosed but cannot be ignored. He further submitted that it is the F, with whom the complainants booked their respective plots and the ave never executed any collaboration agreement/builder buyer’s inants in the projects of WTC-F. It is further submitted that on the basis of common allegations, the petitioners are being prosecuted by lodging various FIRs at various police stations only in order to submitted that in FIR No.56 dated -B & 420 IPC, at Police Station , the investigation is almost complete. He submitted that th petitioners are seriously prejudiced in defending themselves in all the FIRs which are registered at different police stations and, thus, all these FIRs Learned counsel appearing on behalf of the petitioner submits that s are the companies, directors, agents and employees of the Bhutani Group, which are the developers of commercial and residential real , who had executed WTC Faridabad which is one He time, the petitioners executed MoUs with the said MoUs were never acted upon by the parties except the F by way of ventory in its own projects. It is also submitted that the petitioners, by way of widespread press release and news articles, informed the public at large that they have decided to disengage roposition and F which it is the F, with whom the complainants booked their respective plots and the ave never executed any collaboration agreement/builder buyer’s F. It is further submitted that on the basis of common allegations, the petitioners are being us police stations only in order to FIR No.56 dated B & 420 IPC, at Police Station He submitted that the petitioners are seriously prejudiced in defending themselves in all the FIRs VINOD KUMAR which are registered at different police stations and, thus, all these FIRs 2025.09.10 10:34 I attest to the accuracy and integrity of this document CRM-M-19451 deserve to be clubbed. In support of his arguments, he relied upon a recent judgment of the Supreme State of Bihar & Ors., on 12.08.2025 and submitted that considering the aforesaid FIR No. 26.02.2025 as the principal/main FIR, rest of all other the petitioners on the similar allegations by different complainants and also the FIRs that may be registered against the petitioners in future with respect to the same allegations at various police stations may be treated as statem Section 161 of the Cr.P.C. 4. Supreme Court rendered in Criminal Appeal No.847 of 2025, arising out of SLP (Criminal) No.16358 of 2024, decided on 19.02.2025 and permissible when it pertains to a larger issue and discovery of new facts, distinct from the first FIR. However, argument raised by the learned counsel for the petitioners in view of the law settled by the Hon’ble Supreme Court regarding clubbing of the FIRs. However, he has drawn attention of the Court to the status report filed by of affidavit of Narender Kumar, HPS, Assistant Commissioner of Police, EOW Central, Faridabad and submitted that as many as against the petitioners, details of which are as under: 9451-2025 (O&M) deserve to be clubbed. In support of his arguments, he relied upon a recent judgment of the Supreme Court rendered in the case of State of Bihar & Ors., Special Leave to Appeal (Crl.) No.4073/2025, decided on 12.08.2025 and submitted that considering the aforesaid FIR No. as the principal/main FIR, rest of all other the petitioners on the similar allegations by different complainants and also the FIRs that may be registered against the petitioners in future with respect to the same allegations at various police stations may be treated as statem Section 161 of the Cr.P.C. Learned State counsel has relied upon the judgment of the Supreme Court rendered in State of Rajasthan vs. Surendra Singh Rathore, Criminal Appeal No.847 of 2025, arising out of SLP (Criminal) No.16358 of cided on 19.02.2025 and submits that permissible when it pertains to a larger issue and discovery of new facts, distinct from the first FIR. However, he is also in agreement with the argument raised by the learned counsel for the petitioners in view of the law settled by the Hon’ble Supreme Court regarding clubbing of the FIRs. However, he has drawn attention of the Court to the status report filed by of affidavit of Narender Kumar, HPS, Assistant Commissioner of Police, EOW Central, Faridabad and submitted that as many as against the petitioners, details of which are as under: 1. FIR No.365 dated 15.11.2024, registered un 420 & 120-B IPC, at Police Station Central, Faridabad. 2. FIR No.411 dated 13.12.2024, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad. - 3 - deserve to be clubbed. In support of his arguments, he relied upon a recent Court rendered in the case of Alok Kumar vs. The Special Leave to Appeal (Crl.) No.4073/2025, decided on 12.08.2025 and submitted that considering the aforesaid FIR No.56 dated as the principal/main FIR, rest of all other FIRs registered against the petitioners on the similar allegations by different complainants and also the FIRs that may be registered against the petitioners in future with respect to the same allegations at various police stations may be treated as statements under has relied upon the judgment of the State of Rajasthan vs. Surendra Singh Rathore, Criminal Appeal No.847 of 2025, arising out of SLP (Criminal) No.16358 of submits that registration of second FIR is permissible when it pertains to a larger issue and discovery of new facts, he is also in agreement with the argument raised by the learned counsel for the petitioners in view of the law settled by the Hon’ble Supreme Court regarding clubbing of the FIRs. However, he has drawn attention of the Court to the status report filed by way of affidavit of Narender Kumar, HPS, Assistant Commissioner of Police, EOW Central, Faridabad and submitted that as many as 19 FIRs have been lodged against the petitioners, details of which are as under:- FIR No.365 dated 15.11.2024, registered under Sections B IPC, at Police Station Central, Faridabad. FIR No.411 dated 13.12.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central deserve to be clubbed. In support of his arguments, he relied upon a recent Alok Kumar vs. The Special Leave to Appeal (Crl.) No.4073/2025, decided 56 dated FIRs registered against the petitioners on the similar allegations by different complainants and also the FIRs that may be registered against the petitioners in future with respect to the ents under has relied upon the judgment of the State of Rajasthan vs. Surendra Singh Rathore, Criminal Appeal No.847 of 2025, arising out of SLP (Criminal) No.16358 of registration of second FIR is permissible when it pertains to a larger issue and discovery of new facts, he is also in agreement with the argument raised by the learned counsel for the petitioners in view of the law settled by the Hon’ble Supreme Court regarding clubbing of the FIRs. way of affidavit of Narender Kumar, HPS, Assistant Commissioner of Police, EOW 19 FIRs have been lodged der Sections FIR No.411 dated 13.12.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central VINOD KUMAR 2025.09.10 10:34 I attest to the accuracy and integrity of this document CRM-M-19451 9451-2025 (O&M) 3. FIR No.413 dated 13.12.2024, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad. 4. FIR No.24 dated 18.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. 5. FIR No.110 dated 21.04.2025, registered under Sections 120-B & 420 IPC, at Police Station Faridabad. 6. FIR No.367 dated 15.11.2024, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad. 7. FIR No.414 dated 13.12.2024, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad. 8. FIR No.42 dated 06.02.2025, registered under Sections 406 & 420 IPC, at Police Station EOW, Central Faridabad. 9. FIR No.2 dated 02.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. 10. FIR No.11 dated 08.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. 11. FIR No.12 dated 08.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. 12. FIR No.56 dated 26.02.2025, regist B & 420 IPC, at Police Station Faridabad Central. - 4 - FIR No.413 dated 13.12.2024, registered under Sections IPC, at Police Station EOW, Central FIR No.24 dated 18.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. FIR No.110 dated 21.04.2025, registered under Sections B & 420 IPC, at Police Station EOW, Central FIR No.367 dated 15.11.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central FIR No.414 dated 13.12.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central FIR No.42 dated 06.02.2025, registered under Sections 406 & 420 IPC, at Police Station EOW, Central Faridabad. FIR No.2 dated 02.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. ted 08.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. FIR No.12 dated 08.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. FIR No.56 dated 26.02.2025, registered under Sections 120 B & 420 IPC, at Police Station Faridabad Central. FIR No.413 dated 13.12.2024, registered under Sections IPC, at Police Station EOW, Central FIR No.24 dated 18.01.2025, registered under Sections 120- FIR No.110 dated 21.04.2025, registered under Sections EOW, Central FIR No.367 dated 15.11.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central FIR No.414 dated 13.12.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central FIR No.42 dated 06.02.2025, registered under Sections 406 FIR No.2 dated 02.01.2025, registered under Sections 120- ted 08.01.2025, registered under Sections 120- FIR No.12 dated 08.01.2025, registered under Sections 120- ered under Sections 120- VINOD KUMAR 2025.09.10 10:34 I attest to the accuracy and integrity of this document CRM-M-19451 pending against the petitioners and the action upon the same will per the facts and circumstances of the each complaint. 5. 5. the prayer made by learned counsel appearing on behalf of the petitioner regarding clubbing of the FIRs registered allegations by different complainants is in consonance with the law settled by the Supreme Court in Court has held as under: 9451-2025 (O&M) 13. FIR No.370 dated 15.11.2024, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad. 14. FIR No.371 dated 15.11.2024, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad. 15. FIR No.49 dated 20.02.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. 16. FIR No.113 dated 24.04.2025, registered under Sections 120-B & 420 IPC, at Police Faridabad. 17. FIR No.23 dated 18.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. 18. FIR No.87 dated 28.02.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central 19. FIR No.108 dated 21.04.2025, registered under Sections 120-B & 420 IPC, at Police Station EOW, Central Faridabad. He further submits that as many as 20 others complaints are pending against the petitioners and the action upon the same will per the facts and circumstances of the each complaint. After hearing learned counsel for the parties, it is discernible that the prayer made by learned counsel appearing on behalf of the petitioner regarding clubbing of the FIRs registered against the petitioner 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:- - 5 - .11.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central .11.2024, registered under Sections & 420 IPC, at Police Station EOW, Central FIR No.49 dated 20.02.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. FIR No.113 dated 24.04.2025, registered under Sections B & 420 IPC, at Police Station EOW, Central FIR No.23 dated 18.01.2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. .2025, registered under Sections 120 B & 420 IPC, at Police Station EOW, Central Faridabad. FIR No.108 dated 21.04.2025, registered under Sections B & 420 IPC, at Police Station EOW, Central He further submits that as many as 20 others complaints are pending against the petitioners and the action upon the same will be taken as per the facts and circumstances of the each complaint. After hearing learned counsel for the parties, it is discernible that the prayer made by learned counsel appearing on behalf of the petitioner against the petitioners on the same allegations by different complainants is in consonance with the law settled by Alok Kumar’s case (supra), in which the Supreme .11.2024, registered under Sections B & 420 IPC, at Police Station EOW, Central .11.2024, registered under Sections & 420 IPC, at Police Station EOW, Central FIR No.49 dated 20.02.2025, registered under Sections 120- FIR No.113 dated 24.04.2025, registered under Sections Station EOW, Central FIR No.23 dated 18.01.2025, registered under Sections 120- .2025, registered under Sections 120- FIR No.108 dated 21.04.2025, registered under Sections B & 420 IPC, at Police Station EOW, Central He further submits that as many as 20 others complaints are be taken as After hearing learned counsel for the parties, it is discernible that the prayer made by learned counsel appearing on behalf of the petitioner on the same allegations by different complainants is in consonance with the law settled by in which the Supreme VINOD KUMAR 2025.09.10 10:34 I attest to the accuracy and integrity of this document CRM-M-19451 6. allowed and keeping in view the law settled by the Supreme Court in Kumar’s case (supra), registered under Sections 120 Central against the petitioner 19 FIRs mentioned in para no.4 of this order, based on the similar alleg 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 treated as a statemen 7. August 22, 2025 vinod* 9451-2025 (O&M) “15. In such circumstances, referred to above that we should do is to order clubbing of all the 81 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 sha 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 Kumar’s case (supra), it is ordered tha registered under Sections 120-B & 420 IPC, at Police Station Faridabad against the petitioners be treated as the principal/main FIR and all other FIRs mentioned in para no.4 of this order, based on the similar alleg 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 petitioners 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. August 22, 2025 Whether Speaking/Reasoned: Whether Reportable: - 6 - 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 tna, 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 rt 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.56 dated 26.02.2025, B & 420 IPC, at Police Station Faridabad be treated as the principal/main FIR and all other 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 in future involving similar allegations be also t 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 , the first thing that we should do is to order clubbing of all the 81 We direct that the very first FIR registered against the petitioner dated 11.01.2018 with the Shastri Nagar Police tna, 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 “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 ll also be treated as a Statement In view of the aforesaid discussion, the present petition is partially Alok FIR No.56 dated 26.02.2025, B & 420 IPC, at Police Station Faridabad be treated as the principal/main FIR and all other ations 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 in future involving similar allegations be also VINOD KUMAR 2025.09.10 10:34 I attest to the accuracy and integrity of this document