Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24370 of 2019 Petitioner :- Dhanni Nagar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bakhteyar Yusuf Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 7.9.2019 registered as Case Crime No.1338 of 2019, under Section 406, 420, 506 I.P.C. Police Station Surajpur District Gautam Budh Nagar with a further prayer not to arrest them in pursuance of the said first information report.
The allegations as per the F.I.R are that on 17.2.2019 the informant has paid Rs.25,00,000/- cash and a cheque of Rs.25,00,000/- for purchase of land situated in village Lakhnawali belonging to the petitioner Dhanni Nagar. It is further alleged that thereafter he phoned Naresh Sharma, who was the broker in this deal but his phone was switched off. When the phone of Naresh Sharma remained continuously switched off, it created suspicion in the mind of the informant and therefore he stopped the payment through the cheque which has been given to the petitioner Dhanni Nagar. On 12.7.2019 the petitioner Dhanni Nagar has flatly refused to return the money which has been paid to him in cash. It is also alleged that the accused persons played fraud upon him in connection with the deal of the said land.
The submission of the learned counsel for the petitioner is that cause of action arose on 17.2.2019 but no complaint was lodged and the last cause of action arose on 12.7.2019 when as per the allegation the petitioner Dhanni Nagar has denied to return the money paid to him in cash but the F.I.R. has been lodged on 7.9.2019 and therefore there is inordinate delay without any proper explanation. It is further submitted that infact the informant is a property dealer and he alongwith Naresh Sharma and Jagannath approached the petitioners to purchase the land of the petitioners and it was agreed between the complainant and petitioners on a notarized agreement on 11.12.2018 and in the said deal the informant has paid Rs.25,00,000/- cash and a cheque of Rs.25,00,000/- as advance and it was agreed that the sale deed will be executed after payment of rest of the amount but the informant has failed to get the sale deed executed within the time stipulated in the agreement. It is also submitted that the dispute is totally in the nature of civil dispute and to harass and put pressure upon the petitioners who are farmers the present impugned F.I.R. has been lodged by the informant.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 29.11.2019 o.k.