Partly allowed

Mudit Jhunjhunwala v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC26 Feb 2024CRLP/1367/2024

Case brief

AI extract

What is this about?

Allowed interim protection from arrest for petitioner Mudit Jhunjhunwala in an FIR alleging cheating under Sections 406, 420 IPC, upon advancement of submission regarding payment of sale consideration. Ordered notice, exchange of pleadings, and restricted arrest unless sufficient evidence emerges.

What did the court decide?

Petitioner granted immunity from arrest unless sufficient and credible evidence is produced; petitioner directed to cooperate in investigation and record statement.

Mudit Jhunjhunwala vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 1367 of 2024 Petitioner :- Mudit Jhunjhunwala Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Arpit Shukla,Meenakshi Singh Counsel for Respondent :- G.A.

¶3

Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

¶4

Heard.

¶5

By means of this petition, the petitioner has sought quashing of First Information Report dated 9.1.2024 bearing case Crime No.12 of 2024 under Sections 406, 420 IPC, registered at Police Station- Haidergarh District- Barabanki.

¶6

Let notice be issued to opposite party no.3

¶7

Let the pleadings be exchanged within eight weeks. List thereafter.

¶8

Considering the submissions that sale consideration agreed upon between the informant and the petitioner was only Rs. 4 lacs as has been mentioned in the sale deed and the same has been paid to the informant through RTGS, a proof whereof Annexure- 6 has been annexed and also in view of the statement made by the informant before the S.D.M. vide Annexure-5 that he has received the entire amount and the main allegation is against one Ram Singh, who is said to have received sale consideration relating to other land, it is provided that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless there is sufficient and credible evidence available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does not do so then it can be made a ground for seeking vacation of this interim order.

¶9

Benefit of this order shall not be available to Ram Singh and the other co-accused- one Ajai Deep whose cases can be considered separately and independently.

¶10

(Narendra Kumar Johari,J.) (Rajan Roy,J.)

¶11

Order Date :- 26.2.2024 Anuj Singh

¶12

Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mudit Jhunjhunwala v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Mudit Jhunjhunwala v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Manish Prakash Singh and Others vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Anwar Gafoor Shaikh vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Govt. Lko. and Others

Veeru Alias Veer Singh and Others vs State of U.P. Thru. Prin. Secy. Home and Others

Manish Prakash Singh and Others vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Kashi Prasad Shukla and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko and Others

Rukmani Devi Alias Khusboo Mishra vs State of U.P. Thru. Secy. Home Lko. and Others