Sanjay Kharbanda and Another v. State of U.P. and 3 Others
Case brief
What is this about?
Allahabad High Court interim order restraining arrest in FIR Case Crime No.0507 of 2024 (Sections 318(4), 352, 351(2), 351(3) BNS, PS Civil Lines, Prayagraj) sought to be quashed as criminal colouring of a civil dispute (sale deed 31.07.2016; loan closed/NOC 11.11.2024); counsel-cited Supreme Court authorities on criminalisation of civil disputes (Randheer Singh v. State of UP; Mitesh Kumar Jha v. Karnataka; Ramawatar v. MP; Rikhab Birani v. UP, SLP (Crl.) 008592/2024); arrest restraint conditioned on cooperation in investigation and capped at police report u/s 193(3) B.N.S.S.; petition pending with notice to respondent No. 4.
What did the court decide?
Interim restraint on arrest of the petitioners pursuant to the impugned FIR till the next date of listing or till submission of the police report u/s 193(3) B.N.S.S., whichever is earlier, subject to cooperation in the on-going investigation; notice ordered to respondent No. 4 with timelines fixed for counter and rejoinder affidavits; quashing prayer left open for adjudication.