CRM-M/46732/2016 of RAJEEV KHOSLA AND ANR Vs STATE OF PUNJAB on 30 December 2016

CRM-M-46732-2016

203IN THE HIGH COURT OF PUNJAB AND HARYANA|AT CHAN DIGAR

CRM-M-46732-2016Date of decision : 39.12.2016

Rajeev Khosla and another

Versus

— Petitioners

State of Punjab|

... Respondent

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:Mr. Vishal Sharma, Advocatefor the petitioners,Mr. Mikhail Kad, AAG, Punjab.

Mr. Sunil Srivastav, Advocatefor the complainant.

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AMIT RAWAL3J.(QRAL)

Contents of the FIR reveal that it is purely of civil nature.Learned counsel for the petitioners relies upon the report of ADC(Annexure P-1) advising the complainant to go for a civil case, yet thepolice had lodged the FIR against Rohit Pahwa, but the allegations in theFIR are against the petitioners, in essence, they have been named in the FIR.

As noticed above, the contents of the FIR leave no manner ofdoubt that it is purely a civil case, even if, the petitioners have given anatfidavit/undertaking to the complainant. Two years have already been|elapsed and the period of limitation to recover the amount from theadmission under Section 18 of the Limitation Act is three years. Thecomplainant in order to recover amount is required to initiate civil proceedings in CRM-M-46732-2016

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competent Court of law, but in my view, the custodial interrogation, in theaforementioned FIR, would not be necessary despite being vehementlyargued by Mr. Mikhail Kad, AAG, Punjab on instructions from ASI Angre]Singh, that the custodial interrogation is essential as the police has torecover the amount.

It is very strange that the police is not registering the FIR in thecases involving the criminal offences and people are left in lurch either toavail the remedy under Section 156 (3) or Section 184 of the CriminalProcedure Code, but in a matter involving the money transaction, itis happily registering the FIR, despite the fact that there is a report of ADCadvising the complainant to avail the civil remedy in law. The police, thus,hounds the named accused in the FIR owing to the financial implications, Without further commenting upon the role of the police, | deemit appropriate to allow the anticipatory bail of the petitioners.

Accordingly, the petition is allowed and in case of arrest of thepetitioners shall be released on bail to the satisfaction of the ArrestingOfficer, subject to the conditions contained in Section 438 (2) Cr.P.C., andthey will join the investigation as and when required, 30.12.2016

Yogesh Sharma

( AMIT RAWAL) ©JUDGE

Y

Whether speaking/reasonedYes/ No

Y

Whether ReportableYes/ No