Disposed

Kurban Alias Bhura v. State Of Uttarakhand and Others

Uttarakhand HC22 Nov 2016WPCRL/1529/2016

Case brief

AI extract

What is this about?

In this criminal writ petition, the petitioner sought to quash an FIR alleging cheating and forgery. The High Court referred to Arnesh Kumar guidelines regarding arrest and directed the petitioner to contact the Investigating Officer. Disposing the petition at the admission stage by mutual consent, the Court refused to interfere in the investigation.

What did the court decide?

Criminal Writ Petition disposed at admission stage; petitioner directed to contact Investigating Officer for interrogation.

Kurban Alias Bhura Vs State Of Uttarakhand and Others — Cheating and Forgery | Uttarakhand HC (2016)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Writ Petition No. 1529 of 2016

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Kurban @ Bhura ……. Petitioner

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versus State of Uttarakhand & others ……. Respondents

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Mr. Siddhartha Bhatia, Advocate holding brief of Mr. B.S. Adhikari, Advocate for the petitioner. Mr. A.S. Gill, Dy. Advocate General with Mr. Milind Raj, Brief Holder for the respondent State. Mr. Mohd. Safdar, Advocate for respondent no. 3.

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U.C. Dhyani, J.(Oral)

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By means of present criminal writ petition, the petitioner seeks a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 08.11.2016, registered as crime no. 368 of 2016, under Sections 419, 420, 506 IPC, relating to Police Station, Kotwali Manglor, Roorkee, District Haridwar.

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Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the writ petition.

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It is the submission of learned counsel for the petitioner that the impugned FIR has been lodged against the petitioner levelling allegation that he took a sum of Rs. 75,00,000/- from complainant-respondent no. 3 on the assurance that the land will be sold to the said respondent by way of sale deed, which was not done.

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In view of the judgment rendered by Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 Supreme Court Cases 273 , the petitioner should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that he has committed an offence. Before making arrest, the Investigating Officer is required to satisfy himself that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. It will not be based upon the ipse dixit of the Police Officer. In other words, the petitioner shall be arrested only when the conditions stipulated in Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. are satisfied.

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Needless to say that the Investigating Officer of the case shall abide by the aforesaid directions of Hon’ble Apex Court, before affecting the arrest of the petitioner.

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Petitioner is directed to contact the Investigating Officer of the case on 29.11.2016, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation.

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When the investigation of the case will be conducted, it will either culminate into filing of the charge-sheet or submission of final report. This Court

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has no occasion to interfere in the investigation in between.

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Therefore, it will be of no use keeping the present criminal writ petition pending. Criminal Writ Petition is, accordingly, disposed of at the admission stage itself, with the consent of learned counsel for the parties, who are present.

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[Interim relief application no. 11814 of 2016 also stands disposed of.]

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(U.C. Dhyani, J.)

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Dt. November 22, 2016.

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Negi

Kurban Alias Bhura v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

Kurban Alias Bhura v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

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