Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1456 of 2019 Petitioner :- Sunil Galgotia And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samit Gopal Counsel for Respondent :- G.A.,Kaustubh Srivastava
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Gopal Swaroop Chaturvedi, Senior Advocate assisted by Sri Samit Gopal, appearing for the petitioners, Kaustubh Srivastava, counsel for the respondent no.4 and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 3.12.2018 registered as case crime no. 1264 of 2018 under Sections 323, 504, 506, 420 and 406 I.P.C., Police Station -Ghaziabad Kotwali, District Ghaziabad.
In the F.I.R., in substance, allegation has been made that one Sunil Batra was acting as property dealer and through him, informant approached the petitioners namely, Suneel Galgotia and Dhruv Galgotia for taking shop situated at plot No. G-64, Sector, Main Market, Noida. It was agreed between the informant and the petitioners that security money of Rs.30,000,00 /-has to be paid. On payment of security money, key of the shop will be handed over to the informant. Informant gave security money through account payee cheques on 19.12.2017 and 25.12.2017 which were received by Sunil Batra but the receipt relating to receiving cheques were not given to him. Thereafter Sunil Batra asked the informed to pay 75% of the monthly rent for a period of two months and thereafter the tenancy will start with effect from 3.1.2018. Relying on the statement of Suraj Batra, informant paid Rs. 5,62,500/- on 9.11.2018 and stamp duty of Rs. 5,82,500/- on 5.1.2018 but the key relating to rented accommodation was not handed over to the informant. On 4.9.2018, Suraj Batra and two unnamed accused met the informant in the morning and they threatened him to forget the money.
Counsel for the petitioner submits that through-out F.I.R., there is no allegation that proposed agreement relating to tenancy was entered into with fraudulent intention. According to the proposed agreement, rent in advance has to be paid in addition to security money. The rent has not been paid, therefore, possession of the rented accommodation has not been handed over to the informant. On false allegation, the present F.I.R. has been lodged.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 1264 of 2018 under Sections 323, 504, 506, 420 and 406 I.P.C., Police Station -Ghaziabad Kotwali, District Ghaziabad till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 aks