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Punjab & Haryana HC, Real Estate News, ET RealEstate

Punjab & Haryana HC, Real Estate News, ET RealEstate
MOHALI: Punjab and Haryana High Court, on Tuesday, directed the Punjab DGP not to register FIRs against any builder for commercial disputes at the instance of any commission without approval of the district attorney.

He has been directed to issue necessary directions to all senior superintendents of police (SSP) in Punjab, with further direction to communicate to all deputy superintendents of police (DSPs) and all station house officers (SHOs) of the police stations concerned, that if any such direction is issued by any commission in a dispute making out commercial offences (other than in cases where a direction is issued by a magistrate under Section 156(3) CrPC or by high court), it will follow the judgment of the Supreme Court in Lalita Kumari’s case (supra).

Before registration of the FIR in a casual manner, police is directed to obtain the opinion of the district attorney (DA) or deputy district attorney (legal) on whether any offence is made out or not in cases arising out of commercial dispute, said the counsel, I P Singh.

The decision came after counsel I P Singh moved the HC against registration of an FIR against a builder on the complaint of a Kharar- based resident by the NRI Commission.

I P Singh said that on July 24, 2019, the NRI Commission marked an investigation to the SSP, Mohali, and during investigation, a compromise and settlement was arrived at between the builder and the complainant. It was further submitted that as per the memorandum of understanding (MoU), the builder had agreed to return the money to the complainant but as the NRI Commission had already directed the SSP to register a case of fraud against the builder, the FIR was registered, he said.

After the counsel pleaded before the bench that the MoU had already been submitted and the builder was not at fault, the HC quashed the FIR and issued directions that no FIR shall be registered without the consent of DA and DDA on the instance of any commission.


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