WPCRL/368/2023
2023 Latest Caselaw 838 UK

WPCRL No.368 of 2023
Hon'ble Ravindra Maithani, J.

Mr. S.K. Shandilya, Advocate for the petitioners.

Mr. Dinesh Chauhan, Brief Holder for the State.

The petitioners seek quashing of FIR No.0034 of 2023, dated 23.02.2023, under Sections 420, 467, 468, 471 and 120-B IPC, Police Station Raiwala, District Dehradun.

Heard learned counsel for the parties and perused the record.

According to the FIR, the petitioners purchased certain property and sold it, but they sold some more property than the property they had purchased.

It is submitted by learned counsel for the petitioners that the informant is not the buyer; the petitioners had property dealing with the informant; the petitioners had given Rs. 1 Crore in excess to the informant and, as per the agreement with the informant, the property was sold by the petitioners.

It is argued that, as such, no offence has been committed against the informant. At the most, it is a civil dispute. Reference has been made to the judgment in the case of Mohammed Ibrahim and Others Vs. State of Bihar and Another, (2009) 8 SCC 751.

Having considered, this Court is of the view that this matter definitely requires deliberations.

Issue notices to the respondent no.3, returnable within four weeks.

Steps to be taken within a week. List this matter on 26.06.2023. Till the next date fixed, no coercive steps shall be taken against the petitioners, provided they cooperate with the investigation.

(Ravindra Maithani J.) 27.03.2023

Avneet/