Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25706 of 2019 Petitioner :- Ravi Shankar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitin Srivastava,Sandeep Kumar Shrivastava Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing the impugned FIR dated 19.9.2019 registered against petitioner for the offence under sections 406, 420, 467, 468, 471 I.P.C. in Case Crime No. 458 of 2019 P.S.
Civil Lines district Meerut with a further prayer not to arrest him in pursuance of the said first information report.
As per the F.I.R, petitioner and respondent no. 3 entered into a registered agreement for the purchase of the land which was initially registered in the name of the father of the petitioner for a sale consideration amount of Rs. 9,50,000/- and the petitioner also received an amount of Rs. 9,00,000/- as an advance money. The petitioner did not execute a registered sale deed in spite of repeated request of respondent no. 3.
The submission of the learned counsel for the petitioner is that the petitioner sent a registered notice to respondent no. 3, which was received by him on 5.4.2019, stating therein that he(petitioner) is ready to return his entire amount by way of demand draft after obtaining the cheque which was earlier given to him. It is also submitted by the learned counsel for the petitioner that the petitioner had already informed respondent no. 3 that the property in question is a disputed property, and knowing this fact fully well, respondent no. 3 purchased this property. He further submitted that it is a dispute of a civil nature and instead of filing a civil suit, respondent no. 3 lodged the present FIR., hence, the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner 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 petitioner, it is directed that the petitioner 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 he 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 :- 17.12.2019 N.A.