Allahabad High Court
Surendra Kumar Dwivedi vs State Of Up And 3 Others on 25 April, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:73325-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 180 of 2024 Petitioner :- Surendra Kumar Dwivedi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sanjeev Kumar Singh,Saurabh Shukla,Sr. Advocate Counsel for Respondent :- G.A. Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
On 29.01.2024, following interim order was passed by co-ordinate Bench of this Court:-
"1. Heard Sri U.K. Saxena, learned Senior Advocate assisted by Sri Saurabh Shukla and Sri Sanjeev Kumar Singh, learned counsel for the petitioner and Sri Umesh Dwivedi, learned A.G.A. for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 26.05.2022 registered as Case Crime No.0248 of 2022 under Sections 419, 420, 467, 468, 471 IPC, Police Station Bidhnoo, District Kanpur Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Learned Senior Counsel appearing for the petitioner submits that the fourth respondent (informant) is Secretary of 'Krishna Sahkari Awas Samiti Ltd, Kanpur Nagar, which was registered under the Societies Registration Act on 16.08.1976. The petitioner had purchased the property in question from one Chandrika Prasad Shukla, who was recorded co-sharer of Arazi No.0313-M vide sale deed dated 05.03.2022. Thereafter, he had moved an application before the concerned Tehsildar for recording his name. Finally, the Tehsildar had passed an order on 23.04.2022 and mutated the name of the petitioner in the revenue record, which is reflected from Khatauni of Khata No.00185. The petitioner has constructed a house on the said land and he is in possession of the said land. Aggrieved with the aforesaid order, the informant has moved an application before the Tehsildar, Sadar, Kanpur Nagar on 02.05.2022 and the same was allowed ex-parte on 20.05.2022. The petitioner has challenged the said order in Appeal, which is pending consideration before the Sub Divisional Magistrate, Sadar, Kanpur Nagar.
4. It is submitted that the present first information report has been lodged against the petitioner on account of the civil dispute. A bare perusal of the FIR, no criminal offence is made out against the petitioner. The Court must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with an ulterior motive to pressurise the accused. The allegations of cheating or fraud levelled against the petitioner are false and no offence under Sections 419, 420, 467, 468, 471 IPC are made out against the petitioner. Even though the proceedings are pending and neither the charge-sheet nor the final report has been submitted in the present case. In support of his submission, he has placed reliance on the judgement of Apex Court in M/s Indian Oil Corporation vs. NEPC India Ltd & ors. AIR 2006 SC 2780, wherein it has been held that the tendency to convert a purely civil dispute into criminal cases is to be deprecated. He has also placed reliance on the judgement of Apex Court in Criminal Appeal No.932 of 2021 (Randheer Singh vs. the State of UP and ors) decided on 02.9.2021.
5. The matter requires consideration.
6. Learned AGA has accepted notice on behalf of State-respondent nos.1 to 3. Issue notice to respondent no.4 returnable at an early date. Step may be taken within a week.
7. All the respondents are accorded three weeks time to file counter-affidavit. The petitioner will have one week, thereafter, for rejoinder affidavit.
8. Till the next date of listing or till submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation. "
Notice on respondent no. 4 has been served but no counter affidavit has been filed.
Petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C., the respondents are restrained from arresting the petitioners pursuant to the First Information Report dated 26.05.2022 registered as Case Crime No. 0248 of 2022, under Sections- 419, 420, 467, 468, 471 IPC, Police Station- Bidhnoo, District- Kanpur Nagar, subject to cooperation in ongoing investigation.
Order Date :- 25.4.2024 Rohit (Surendra Singh-I,J.) (Siddharth,J.)