Naresh Kumar vs State of Uttarakhand and Satbir Moolchand Sehrawat

Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought writ in the nature of certiorari quashing of the First Information Report No. 96 of 2011 (Crime No. 110 of 2011) dated 23.05.2011, Police Station Bhagwanpur, District Hardwar, relating to offences punishable u/s 120B, 384, 420, 407, 468 and 471 I.P.C.

It is submitted that on behalf of the Petitioner that an agreement was signed by the Petitioner and others on 15.02.2007, with the company run by Respondent No. 4 in which Petitioner and other sellers agreed to sell the land, and accepted 8 % of agreed consideration as advance payment. It is pleaded on behalf of the Petitioner that no one turned up to get the sale deed executed within the time allowed under the agreement, and the advance received by the Petitioner and other sellers stood forfeited. It is pointed out that the present F.I.R. is lodged after four years of the execution of the agreement, while the period provided under the agreement was only six months. It is contended that at the most, dispute between the Respondent No. 4 and the Petitioner is dispute of civil nature in which no criminal liability is involved. It is argued that even if the allegations against the Petitioner is taken to be true, the ingredients of the alleged offences as against him are not made out, as there is no mention in the F.I.R. that alleged forged document dated 08.01.2009, was ever signed by the present Petitioner.

Admit the petition.

Having considered submissions of learned Counsel for the parties, as an interim measure, it is directed that the Petitioner Naresh Kumar shall not be arrested in connection with F.I.R. No. 96 of 2011 (Crime No. 110 of 2011), Police Station Bhagwanpur, District Hardwar, relating to offences punishable u/s 120B, 384, 420, 407, 468 and 471 I.P.C., during investigation provided he cooperates with the investigating agency. (Interim Relief Application No. 6606 of 2011 stands disposed of). It is clarified that investigation may proceed further.

Learned Counsel for the Respondents pray for and are allowed four weeks time to file the counter affidavit.

List after four weeks along with the connected writ petition No. 457 of 2011.