Ravi Aggarwal vs. State ( Nct Of Delhi ) & Anr.
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The Petitioner, Ravi Aggarwal, filed a petition seeking the transfer of investigation in FIR 154/2024, registered under Sections 385 and 387 of the Indian Penal Code, 1860, to the Economic Offences Wing (EOW) or another specialized unit. The FIR was registered based on the Petitioner's complaint alleging extortion and cheating involving an amount of Rs. 4.39 Crores, with suspicion directed towards Sanjay Kumar Agrawal and his associates. The Petitioner argued that the financial implication exceeding Rs. 3 Crores warranted investigation by the EOW as per Standing Order No. 06/2022. The investigation revealed that the alleged threatening WhatsApp number did not exist. The accused, Sanjay Aggarwal, claimed the dispute was over shares in a company and alleged the Petitioner was trying to avoid liability. The initial investigation concluded with a closure report due to insufficient evidence, but the Magistrate directed further investigation, including forensic analysis and a review of EOW transfer. The Petitioner's current petition is filed after the closure report and protest petition are pending before the trial court.
Held
The Court held that the Petitioner's reliance on Standing Order No. 06/2022 for transfer to the EOW was misplaced, as the primary allegations in the FIR pertained to criminal intimidation and attempted extortion, not solely financial fraud that would necessitate EOW intervention based on the stated pecuniary limit. The Court also noted that a closure report had already been filed by the investigating agency, and the complainant had filed a protest petition, which was pending before the competent court. At this stage, the Petitioner's prayer for transferring the further investigation, as directed by the Trial Court, lacked a legal basis. Therefore, no further directions were deemed necessary by the Court. The petition was dismissed.
Key Issues
1. Whether the investigation in FIR 154/2024, registered under Sections 385 and 387 of the Indian Penal Code, 1860, should be transferred to the Economic Offences Wing (EOW) or another specialized unit, considering the alleged financial implication of Rs. 4.39 Crores, as per Standing Order No. 06/2022. Petitioner's Arguments: The Petitioner contended that the substantial financial amount involved in the case, exceeding Rs. 3 Crores, mandates investigation by the EOW as stipulated in Standing Order No. 06/2022. This order specifies that cases involving amounts over Rs. 3 Crores should be investigated by the Special CP/EOW. Respondents' Arguments: The State argued that the primary allegations in the FIR pertain to criminal intimidation and attempted extortion. They further submitted that the pecuniary limit mentioned by the Petitioner for transfer to the EOW is misplaced in this context. Additionally, the State noted that a closure report had already been filed, and a protest petition by the complainant was pending before the competent court, rendering the prayer for transfer of further investigation without legal basis at this juncture.
Sections Cited
Section 385, Section 387, Section 41A CrPC, Section 9 CrPC, Section 65B Indian Evidence Act, Article 226 Constitution of India, Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 Code of Criminal Procedure, 1973
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Cause title — parties, addresses and appearances
O R D E R % 18.09.2025
The Petitioner, through the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeks direction for transfer of investigation in FIR 154/2024 dated 29th February, 2024, registered under Sections 385, 387 of the Indian Penal Code, 1860 at P.S. Model Town to Economic Offences 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 08/10/2025 at 12:49:36 Wing1, Delhi Police or any other specialized unit.
On 7th July, 2025, this Court passed the following order:
“1. The Petitioner seeks direction for transfer of investigation in FIR 154/2024 dated 29th February, 2024 under Sections 385, 387 of the Indian Penal Code, 1860 registered at P.S. Model Town to Economic Offences Wing, Delhi Police or any other specialized unit.
Mr. Maninder Singh, Senior Counsel for the Petitioner, submits that since the amount in question is more than 3 crores, the investigation be carried out by EOW as per Standing Order No. 06/2022 issued by the Office of the Deputy Commissioner of Police, Economic Offences Wing, P.S. Mandir Marg Complex, New Delhi, which inter alia stipulates that for an amount involving more than 3 crores, the competent authority to investigate shall be Special CP/EOW. He further points out that while considering the closure report filed by the State, the Judicial Magistrate First Class-03, North, Rohini by order dated 7th February, 2025, while directing further investigation into the matter, also directed the concerned SHO to submit a report on transfer of investigation to EOW or another appropriate police station, taking into account the financial implications. The returnable date in the matter was fixed on 6th June, 2025. 3. Mr. Singh is not able to apprise the Court as to what transpired 6th June, 2024. 4. Let a copy of the fresh status report, if any, filed by the State before the Magistrate, be placed on record. The State shall take appropriate instructions in the matter before the next date of hearing.
Re-notify on 18th September, 2025.”
Pursuant to the above directions, a status report has been filed, which sets out the following:
“1. That the present petition has been filed by petitioner seeking transfer of the case to EOW. Brief facts of the case are that the abovesaid case was registered on the complaint of complainant Ravi Aggarwal S/o Mr. Deoki Nandan Singal R/o C/7, 166, Sector-7, Rohini, Delhi as he alleged that on 10.01.2024 at around 8.15 PM while he was near Model Town-ll, Market, he received a Whatsapp call from No.+9715673 14034 on his mobile number 97171 24|19. When he picked up the call, the caller threatened him saying that "Main Sanjay Aggrawal ke taraf se bol raha hun, Ravi agar tune Sanjay Aggrawal ko shares transfer nahi kiye to do teen din mein to 1 “EOW” 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 08/10/2025 at 12:49:36 apne family ka mara mu dekhega. Ja apne family ke liye body guards rakh le. Aur hame halke me mat lena, tujhe itne jhoote cases mein fasa denge ki pure zindagi adalaton ke chakkar kat te reh jayega"
When he asked the caller disclose his name and he refused and disconnected the call. Complainant further raised allegations of cheating of amount Rs. 4.39 Cr. and made suspicion over one Sanjay Kumar Agrawal and his associates. Accordingly, case was registered and investigation was taken up.
During the course of investigation, the IO sent notice dated: 16.02.2024 U/s 9 CrPC to Whatsapp Meta to provide the following information (a) IP addresses of the Whatsapp Number +971567314034 from 10.01.2024 to 11.01.2024 (b) Registrant details for the above mentioned Whatsapp Number (c) Device history for the abovementioned WhatsApp Number. (d) Any other detail that may be useful for investigation. (e) Record related to this reference may be preserved please. (f) Certilicate Us 65B Indian Evidence Act. (g) Copy of screen shot attached of suspect WhatsApp Number +9715673|4034
Further case file was marked to SI Sonal Raj for further investigation due to transfer of SI Kuldeep.
As per investigation conducted so far and reply received from service provider of the alleged number +971567314034 from which the threat call has come, it has been specifically mentioned in the reply of notice that "The number specified in this request does not exist as a valid WhatsApp account."
During the course of investigation, accused Sanjay Aggarwal’s Mob no. CDR was obtained and his was found location in Panchkula from 25-05-2023 to 01-06-2023 while accused Sanjay Aggarwal mentioned that agreement was executed in Delhi between Ravi Aggarwal and him on 26-05-2023. 7. During the course investigation accused Sanjay Aggarwal was served notice U/s 41A CrPC to join investigation and he joined investigation and a separate interrogation report was prepared and he was bound down and released from investigation. As per interrogation report, accused Sanjay Aggarwal stated that he is a Chartered Accountant and earlier in the year 2019-2020, he used work for complainant Ravi Aggarwal and Nikhil Aggarwal and being in good relation, he also helped by giving money to them in the period between November to December 2021 and they paid money lo him but later on about Rs.80-85 Lac was due over them and they further asked him to invest more money in their Company on the assurance of giving 30% share of the company. Further, after investing money, complainant company Cellecor Gadgets Ltd. had grown up very 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 08/10/2025 at 12:49:36 rapidly and touched u new height. He further stated that complainant's brother invested Rs.0| Crore ( About 80%) in the company and said money belongs to him and both complainant and his brother asked to transfer Rs.03 Crore 85 Lac 25 thousand 01 Rupee in Ravi's account from his private account as Ravi had maximum share in the company and he give all the shares and on the assurance of both brothers, he kept transfer the money.
He further stated that he went to complainant's office i.e. Crown Height Sec-10, Rohini where Ravi had shown him one GST notice and he conveyed the reason of notice issued by GST department and he asked for his share but Ravi kept on ignoring and after making all diligence all the shares of Ravi’s family have been transferred into Demat Account. He further stated that complainant himself took out print over stamp paper and did sign over stamp paper and he also signed on the said paper on the assurance o complainant Ravi. He further stated that both complainant Ravi and his brother Nikhil have accepted that 30% shares of company belongs to Sanjay Aggarwal before Auditor and they have sent a mail also. He further stated that complainant Ravi got false extortion case against him so that complainant Ravi may avoid from his liability. He further stated that whatever allegations levelled against him are totally false and fabricated.
Further, it has come to the notice that on the date of the alleged agreement dated: 26-5-23, the complainant was in Delhi. However, accused Sanjay was in Panchkula as per CDR report.
The main dispute between the complainant and the person is accused that it appears to be the quantum of money to be paid by the complainant to the accused as per complaint, the complainant is only liable to pay invested amount Rs.3.85 Crore + interest there upon to the accused. However, the accused claims that he is entitled 30% share in the company as the amount invested was the 30% of the company's total share at the time of investment und even as per agreement he is entitled for 30% share in the company. Moreover, it is pertinent to mention here that regarding allegation of cheating, no business deal or transaction between complainant and accused is made in the juri iction of PS. Model Town.
As per the overall evaluation of the investigation and evidences collected, there were no sufficient evidence to chargesheet the accused, as no connecting evidences were available to connect accused Sanjay Aggarwal with the alleged threat call. Therefore. no case was made out for want of evidence at that time. Hence, Closure report was prepared and tiled before concerned court on 06.12.24
Further complainant filed protest petition on 06.12.24 and Hon'ble Court ordered vide order dated: 07.02.25 furher investigation. on the following points: 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 08/10/2025 at 12:49:36 a. Forensic Analysis of the Accused's Devices: The accused's mobile phones and digital devises may be sent for forensic examination to ascertain any communication with the international number. b. Notices to Google & other platform: The IO shall issue necessary notices to Google and relevant service providers to determine if the international number is linked to any accounts. Efforts to be made to obtain I-PDR address and location charts. c. Examination of Referral to EOW or Another PS: The SHO shall simultaneously consider whether the matter warrants transfer to EOW or another appropriate police station in light of the financial aspects involved and submit a report on the same. d. Juri ictional Consideration: If any material emerges linking the offence to Model Town, all aspects, including cheating and forgery, shall be investigated.
During the course of further investigation, the following steps are taken regarding the above mentioned points. a. There was no clue so lar of accused, hence mobile phone of accused could not be seized. b. In regards to point no. 2. further notice was sent through Cyber Cell North-West District to Google to provide the Gmail ID registered with the Mobile number +971567314034, lops details against each mail id found with the said mobile number. It was replied by the Google that "We are unable to produce records in response to your request," c. In regards to point no. 3 the matter was discussed with SIHO Model Town and as case was registered of Extortion and we only investigated aspect of extortion and no cheating and forgery is made out in the juri iction of PS Model Town and after completion of investigation Closure Report was filed before the Hon'ble Court. d. In regards to point no 4 it is submitted that no cheating or forgery is made out in the juri iction of P.S. Model Town. Further status report in respect of further investigation as directed by the concerned Court has been tiled by the IO SI Sonal Raj and same is pending for consideration and arguments.”
In light of the foregoing, it is evident that the primary allegations pertain to criminal intimidation and attempted extortion. The pecuniary limit of the investigating agency emphasized by the Petitioner, by relying on Standing Order No. 06/2022 for transfer to the EOW, is misplaced.
In any event, it is also noted that the closure report has already been 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 08/10/2025 at 12:49:36 filed and the complainant has filed a protest petition, which is pending before the competent court. At this juncture, Petitioner’s prayer for transferring of the further investigation as directed by the Trial Court has no legal basis.
In view of the above, no further directions are warranted.
Accordingly, the present petition is dismissed along with pending application(s). SANJEEV NARULA, J SEPTEMBER 18, 2025/ab 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 08/10/2025 at 12:49:36
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