Rais Azam Khan vs State Of Uttarakhand And Others on 6 August, 2012

Uttaranchal High Court

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No.699 of 2012

Rais Azam Khan S/o Shri Jhimruddin R/o A-61/7, Nehru Colony, Dehradun.

.........Petitioner

Versus

1. State of Uttarakhand, through S.S.P. Dehradun.

2. Station House Officer, Police Station Nehru Colony, Dehradun.

3. Arun Kumar, S/o Sh Ilam Singh R/o 57 Shastri Nagar, Dehradun.

......Respondents

Mr. Karan Anand, Advocate, present for the petitioner. Mr. S.S. Adhikari, Brief Holder, present for the State.

Hon'ble Prafulla C. Pant, J.

Heard.

2) By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report dated 04.04.2012, registered as Crime No. 59 of 2012, relating to offences punishable under Section 420, 467, 2

468, 471 and 120B of I.P.C. at Police Station Nehru Colony, District Dehradun.

3) Learned counsel for the petitioner submitted that admittedly, the seller, co-accused Ved Prakash (brother of the complainant) was co-sharer in the land in question. The allegation against the present petitioner is that he purchased the land from the said co-accused Ved Prakash, who sold the share of the complainant also. Learned counsel for the petitioner further submitted that the petitioner is bonafide purchaser for consideration through the registered sale deed and there is not criminal intension on his part. As such, the ingredients of the alleged offences are not made out.

4) Admit the petition.

5) Learned counsel for the State prays for and is allowed six weeks' time to file the counter affidavit.

6) Issue notice to respondent No.3 Arun Kumar, who may also file his counter affidavit within a period of six weeks.

7) Having heard learned counsel for the petitioner and learned counsel for the State and after going through the papers on record, as an interim measure, it is directed that petitioner Rais Azam Khan 3

shall not be arrested in connection with First Information Report dated 04.04.2012, registered as Crime No. 59 of 2012, relating to offences punishable under Section 420, 467, 468, 471 and 120B of I.P.C. at Police Station Nehru Colony, District Dehradun, during investigation, provided he cooperates with the investigating agency (Stay Application No. 8104 of 2012, also stands disposed of).

8) List after six weeks.

(Prafulla C. Pant, J.)

06.08.2012