WPCRL/1586/2015 of Shrawan Kumar Vs State Of Uttarakhand AND OTHERS on 23 December 2015

WPCRL No. 1586 of 2015

Hon’ble Alok Singh, J.

Mr. Gaurav Singh, Advocate for the petitioner.

Mr. V.K. Jemini, Deputy Advocate General for the State.

Mr. V.K. Shukla, learned counsel for the respondent no. 3

Present petition is filed assailing the FIR Case Crime no. 166 of 2015, under Sections 406 and 420 IPC, P.S. Pathri, District Haridwar.

Mr. Gaurav Singh, learned counsel for the petitioner submits that bare perusal of the FIR would reveal that civil dispute has been given colour of the criminal offence. He, however, submits that petitioner shall report to the Investigation Officer on or before 30.12.2015 and shall cooperate with the Investigating Agency.

On the other hand, Mr. Vivek Shukla, learned counsel for the respondent no. 3 submits that during the statutory period of the agreement to sell, petitioner has dishonestly gifted property in question in favour of his own wife to frustrate the agreement to sell.

Mr. V.K. Jemini, learned Deputy Advocate General for the State submits that Investigating Officer shall investigate the matter from every angle, therefore, petition may be disposed of directing the petitioner to join the investigation, as stated by Mr. Gaurav Singh, learned counsel for the petitioner, however, liberty should be granted to the Investigating Officer to get this petition revived, if for the reasons recorded in the case diary, Investigating Officer requires arrest or custodial interrogation of the petitioner.

Order accordingly.

CLMA No. 14468 of 2015 also stands disposed of accordingly.

Dated 23.12.2015Ujjwal

(Alok Singh, J.)