Remanded

Ruchi Mishra and Another v. State of U.P. and 2 Others

Allahabad HC1 Oct 2020CRLP/9999/2020

Case brief

AI extract

What is this about?

Court refused to quash an FIR alleging criminal breach of trust and harassment over a house sale dispute. However, it directed that petitioners shall not be arrested until the submission of the police report under Section 173(2) Cr.P.C., contingent on their cooperation with investigation.

What did the court decide?

Prayer for quashing refused; direction issued that petitioners shall not be arrested until submission of police report under Section 173(2) Cr.P.C., subject to cooperation with investigation.

Ruchi Mishra and Another Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 9999 of 2020 Petitioner :- Ruchi Mishra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Pandey Counsel for Respondent :- G.A.

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Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.

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Heard Sri Ajay Pandey, learned counsel for the petitioners, learned AGA for the State and perused the record.

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Instant writ petition has been filed seeking quashing of the FIR dated 1.3.2020 registered as Case Crime No. 28 of 2020, under Sections 406, 504, 506 IPC, P.S. Atarsuiya, District Prayagraj with a further prayer not to arrest the petitioner in pursuance of the said FIR.

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Allegation in the FIR is that petitioner no. 2 entered into an oral agreement with the informant for sale of his house for a total sale consideration of Rs. 13 Lacs and believing the same, the informant gave Rs. 7 Lacs to the petitioner no. 2 seven months ago and payment of the balance amount was agreed to be payable by the month of November, 2019 and thereafter the sale deed would be got registered but when the informant asked the petitioner no. 2 to execute the sale deed, he was abused and threatened by the petitioners.

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It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence and only to harass them present false and concocted FIR has been lodged against them. It is further submitted that if at all the allegations levelled against them are accepted at their face value, only a civil dispute can be said to be made against the petitioners, which cannot be permitted to be given colour of a criminal case. It is further submitted that the informant is tenant in the said house and there was no oral agreement between them for sale of the house in question.

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Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.

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From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report.

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The prayer for quashing the first information report is refused.

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However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners 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 they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

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With the above direction, this petition is finally disposed of.

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Order Date :- 1.10.2020 RavindraKSingh

Ruchi Mishra and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ruchi Mishra and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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