Shri Mohsin vs State of Uttarakhand and Sri Upsam Kumar

Prafulla C. Pant, J.—Heard.

By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the first information report No. 254 of 2010, dated 19.05.2010, registered with police station Kotwali Roorkee, District Haridwar, relating to offences punishable u/s 420, 120-B, 467, 468, 471 of I.P.C.

Learned Counsel for the petitioner submitted that even if the facts alleged in the first information report are taken to be true, no offence is made out as against the present petitioner Mohsin. On going through the contents of the first information report in question, this Court finds that allegations of cheating are against co-accused Mursleen and Suresh (who are not the petitioners before this Court). It is mentioned in the first information report that said two persons received rupees five lakhs from the complainant on behalf of the seller Barabara Datta, and did not return the money, nor got the sale deed executed in favour of the complainant.

Admit the petition.

Learned Counsel for the State prays for and is allowed six weeks'' time to file the counter affidavit.

Issue notices to respondent No. 3 Upsam Kumar, who may also file his counter affidavit, within a period of six weeks.

In the above circumstances, as an interim measure, it is directed that the petitioner Mohsin shall not be arrested in connection with aforesaid crime, during investigation, provided he cooperates with the investigating agency.

List this writ petition after six weeks. (Interim Relief Application No. 6132 of 2010 stands disposed of).