Hon'Ble Sharad Kumar Sharma vs Harsh Kumar
2023 Latest Caselaw 318 UK

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                                  WPCRL No.155 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. M.K. Chand, Advocate for the petitioners.

Mr. Lalit Miglani, A.G.A. along with Ms. Sonika Khulbe and Ms. Sangeeta Bhardwaj, Brief Holders for the State.

The grievance of the present

of 2021, "Paras Kumar vs. Harsh Kumar & others, in which the complainant-Vinod Kumar happens to be the defendant no. 2, wherein he sought a decree for grant of permanent injunction in relation to the Plot Nos. 323 and 324 and the constructions, which were existing on it. The civil suit is still pending consideration.

In that intervening period, the defendant no.2 i.e. the complainant has registered FIR No. 8 of 2023, dated 13.01.2023, for involvement of the present petitioners for commission of offence under Sections 323, 504, 506 & 420 IPC.

Since there is already a civil suit pending for consideration and the rights between the parties is yet to be settled, based upon the alleged Will, which has been referred to in the FIR i.e. dated 24.06.1992, this Court is of the view that this matter requires to be disposed of, in terms of the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar & another, as reported in (2014) 8 SCC 273.

In that view of the matter, this writ petition is being disposed of, subject to the condition that the petitioners actively participate and renders full cooperation in the investigation, which is being carried in relation to the FIR, as registered on 13.01.2023. No coercive action would be taken against them. However, it is made clear, that, in case, there is any derogation on the part of the petitioners in rendering co-operation in the investigation to the allegations levelled in the Case Crime No. 8 of 2023, it will be open for the respondent no. 2 to take appropriate action, in accordance with law.

Subject to the aforesaid, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge 25.01.2023 AK