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

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

What the court decided

AI extract

Outcome

Notice issued to opposite party no.4; counter affidavit by opposite parties within three weeks and rejoinder affidavit within one week thereafter; case connected and to be listed alongwith Criminal Misc. Writ Petition No.8851 of 2024; interim protection that till the next date of listing the petitioner shall not be arrested on the basis of the impugned FIR unless sufficient and credible evidence is available against him, subject to cooperation in the investigation.

Issue for consideration

Whether the petitioner, who claims to be only a witness of the sale-deed with the allegations of cheating and fraud levelled against the seller, is liable to be arrested in Case Crime No. 485 of 2024.

Ratio / Principle

On the petitioner's submission that he is merely a witness of the sale-deed and the allegations of cheating and fraud are against the seller, the Court found that a case for consideration is made out and issued notice to opposite party no.4.

Key takeaways

As an interim measure, till the next date of listing the petitioner shall not be arrested on the basis of the impugned FIR unless sufficient and credible evidence is available against him.ratio¶13
The interim protection is conditional on the petitioner cooperating in the investigation and getting his statement recorded before the Investigating Officer when called; failure to do so can be made a ground for seeking vacation of the interim order.ratio¶14

Detailed headnote1 paragraphs

Interim protection from arrest — writ petition seeking certiorari to quash FIR registered as Case Crime No. 485 of 2024 under Sections 406, 419, 420, 467, 468, 471, 506 IPC, Police Station Tikaitnagar, District Barabanki — petitioner's contention that he is only a witness of the sale-deed and the allegations of cheating and fraud are against the seller, who is the main accused — Court held that a case for consideration is made out, issued notice to opposite party no.4, directed counter affidavit within three weeks and rejoinder within one week thereafter, connected the matter with Criminal Misc. Writ Petition No.8851 of 2024, and provided that till the next date of listing the petitioner shall not be arrested on the basis of the impugned FIR unless sufficient and credible evidence is available against him, subject to his cooperating in the investigation and getting his statement recorded before the Investigating Officer, failing which the interim order may be vacated. (Division Bench: Hon'ble Vivek Chaudhary,J. and Hon'ble Om Prakash Shukla,J.; order dated 11.12.2024)

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 9422 of 2024

Petitioner :- Dharmendra Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Barabanki And Others Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta Counsel for Respondent :- G.A.

Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

Heard learned counsel for petitioner and learned AGA for the State.

This petition seeks issuance of a writ in the nature of certiorari quashing of the impugned FIR registered as Case Crime No. 485 of 2024, under Sections 406, 419, 420, 467, 468, 471, 506 IPC, Police Station Tikaitnagar, District Barabanki.

Submission of learned counsel for the petitioner is that the petitioner is only a witness of the sale-deed. There is no allegation that any forged person has executed the sale-deed and, therefore, no case is made out against the petitioner, as he has identified a correct person. The allegations of committing cheat and fraud are against the seller of the property, who is the main accused and the case of the petitioner is clearly distinguishable from him.

In view of the aforesaid facts, a case for consideration is made out.

Issue notice to opposite party no.4.

Office shall submit service report by affixing computer generated tracking report.

Let counter affidavit be filed by opposite parties within a period of three weeks. Rejoinder affidavit may also be filed within a period of one week thereafter.

Connect and list this case alongwith Criminal Misc. Writ Petition No.8851 of 2024.

Considering the submissions made, it is provided that till the next date of listing, the petitioner shall not be arrested on the basis of the impugned First Information Report, unless

sufficient and credible evidence is 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.

( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

Order Date :- 11.12.2024 Saurabh

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench