Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3009 of 2021 Petitioner :- Ankit Khanna Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Sharma Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
We have heard Sri Ashutosh Sharma, learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 15.2.2021 registered as Case Crime no. 78 of 2021, under Sections 420, 467, 468, 471, 323, 504 and 506 I.P.C., P.S. Bisrikh, district-Gautam Budh Nagar. Further prayer is that a direction be issued in the nature of mandamus to the respondents not to arrest the petitioner pursuant to the FIR dated 15.2.2021.
The facts come to us that the complainant had some business dealing with the directors of the Society. The FIR shows that petitioner restrained the respondent-complainant from entering in to property. While going through the documentary evidence dated 31.10.2019, 17.6.2020 and 18.6.2020, we are satisfied that the petitioner's allotment was given to Ankit Khanna by the builders after the order passed by RERA Authority. In that view of the matter it can be said that the petitioner is colluded with the authority and he has deprecated the original complainant-respondent no. 4, Neeraj Kumar Singh who is contractor by profession.
We hold that investigation may go on but the petitioner shall not be dealt with coercively and/or shall not be arrested either during investigation or till the final report/chargesheet is filed under Section 173 (2) Cr.P.C. We after following decision of the Hon'ble Apex Court in the case of M/s Neeharika Infrastructure Pvt., Ltd. vs. State of Maharashtra and others, LL 2021 SC 211 passed in Criminal Appeal no. 330 of 2021 are convinced that the principle enunciated therein would not prevent us to pass this order as we are directing the police authorities to investigate into the matter in fair and impartial manner and at this stage, prima facie the version of the impugned FIR cannot be taken to be true as gospel truth. We also directed that the Police Commissioner concerned shall depute a person who is well versed with the process of investigation and will complete the investigation in a reasonable time. Here, the petitioner may also have grievance against the builders as he has himself filed litigation against RERA and looking to all these facts we come to know that there is in existence a civil dispute between the petitioner, builders and the present original complainant who had moved the criminal proceeding against the petitioner, who is himself a bonafide purchaser but seems to have been duped and might have been cheated by the builders. It appears that the complainant as well as the petitioners are sailing on the same boat.
It goes without saying that we have not granted a blanket interim relief as all the facts as well as legal position has been discussed above. We have elaborately dealt with the matter and after the investiging agency come across a credible evidence against the petitioner in that even the action shall be taken against him. Once again we like to mention here that the ratio of the law laid down and enunciated by the Apex Court is followed while entertaining this writ petition.
The writ petition is finally disposed of.
Order Date :- 13.5.2021 Faridul