Hon'ble High Court stayed coercive action against the petitioner in a criminal case involving cheating and forgery, directing the State to file a counter-affidavit and the police to file a report under Section 173(2) Cr.P.C. sooner.
Stay of coercive action against petitioner and direction to police to file police report under Section 173(2) Cr.P.C.
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Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 3991 of 2018
Petitioner :- Rambhool Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sumit Daga Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Connect with Criminal Misc. Writ Petition No. 27635 of 2017 and 27470 of 2017.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
It is contended that the petitioner is bona fide purchaser for value of the property in question and the allegations in respect of sale deed whereupon the impugned First Information Report is lodged, may give rise to civil dispute, but no criminal liability can be said to be made out. It is next contended that in the matter of similarly situated co-accused Smt. Vani and others another Bench of this Court had passed orders on 20.12.2017 in Criminal Misc. Writ Petition No. 27470 of 2017, copy of which order has been filed as annexure-5.
Prima facie, the issue requires scrutiny.
Let notices be issued to respondent no. 4 to file counter affidavit within six weeks.
Petitioner shall take steps for service of notice by registered post within ten days.
Learned AGA representing the respondent nos. 1,2 and 3 may also file counter affidavit within six weeks.
Office shall issue notice returnable within six weeks.
List on the date fixed by the office in the notice.
Till the next date of listing or till the filing of police report under Section 173(2) Cr.P.C., whichever is earlier, no coercive action shall be taken against the petitioners in pursuance to the impugned First Information Report registered as Case Crime No. 531 of 2017, under Sections 420, 467, 468, 471, 34, 120B IPC, Police Station Civil Lines, District Meerut.
Order Date :- 19.2.2018 faraz
2 issues framed by the court
Whether the petitioner can avail protection against coercive action while the matter is pending.
Whether the dispute regarding the sale deed is purely a civil dispute.
1 provisions across 1 enactments
Rambhool
State Of U.P.
Others
Respondent no. 3
Respondent no. 4
Rajesh Dayal Khare
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
