WPCRL/987/2024
2024 Latest Caselaw 2118 UK

Uttarakhand High Court

WPCRL/987/2024 on 13 September, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                  2024:UHC:6651
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                               WPCRL No. 987 of 2024
                               Hon'ble Manoj Kumar Tiwari, J.

1. Mr. Ayush Agarwal, learned counsel for the petitioner.

2. Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. K.S. Rawat, learned A.G.A. for the State of Uttarakhand.

3. An FIR has been registered against the petitioner in Police Station Haldwani, District Nainital on 22.08.2024 for the offence punishable under Section 420 of I.P.C. In this petition, petitioner has sought quashing of the said FIR; he has also sought a direction to the Police Authorities not to arrest him or take any coercive action against the petitioner, till pendency of the petition.

4. Learned counsel for the petitioner submits that perusal of FIR reveals that no offence under Section 420 IPC is made out against the petitioner; thus, he submits that FIR deserves to be quashed.

5. Learned State Counsel, however, disputes the said submission and submits that as per the FIR, petitioner had dishonest intention since the very beginning. He has relied upon a decision of Hon'ble Supreme Court in the case of Sau Kamal Shivaji Pokarnekar vs The State of Maharashtra & other, reported in (2019) 14 SCC 350, wherein it was held that criminal complaints cannot be quashed only on the ground that the 2024:UHC:6651

allegations made therein appear to be of a civil nature. Learned State Counsel further submits that the case is covered by the judgment rendered by Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273, therefore, petitioner will not be arrested without prior notice under Section 35(3) of Bhartiya Nagarik Suraksha Sanhita, 2023 (earlier Section 41-A of Cr.P.C.) and, subject to his complying with the conditions of said notice, petitioner shall not be arrested.

6. I have gone through the impugned FIR. Since F.I.R. discloses commission of cognizable offence and none of the parameters laid down by Hon'ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others; reported in AIR 2021 SC 1918, are fulfilled for exercise of power under Article 226 of the Constitution, therefore, this Court is not inclined to interfere in the matter.

7. However, the writ petition is disposed of by taking the statement of learned State Consel on record that petitioner will not be arrested, without prior notice, as contemplated under Section 35(3) of Bhartiya Nagarik Suraksha Sanhita, 2023.

(Manoj Kumar Tiwari, J.) 13.09.2024 Aswal

NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND,

ASWAL serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853 1726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2024.09.13 16:58:58 +05'30'