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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Umesh Chandra Dhyani, J.
Girdhari Lal Sahu - Appellant
Vs.
State of Uttarakhand and Ors. - Respondent
Writ Petition (Criminal) No. 993 of 2016
Decided On : 05-08-2016
Cheating - Criminal Writ Petition - Sections 420, 506 IPC - 420, 506 IPC - The court discussed the offences punishable under Sections 420 and 506 IPC, and the benefit of Section 41 Cr.P.C. The court referred to the law on the subject as laid down by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273, and emphasized the conditions under which arrest is necessary.
Fact of the Case:
An FIR was lodged against the petitioner for the offences punishable under Sections 420, 506 IPC, related to a property dispute. The petitioner sought to quash the FIR and prevent arrest and harassment.
Finding of the Court:
The court found that the offences under Sections 420 and 506 IPC were prima facie made out, and the petitioner was entitled to interim relief based on the law propounded by the Hon'ble Apex Court in Arnesh Kumar's case. However, the petitioner's attempt to give political color to the incident and his criminal antecedents were not considered grounds for relief.
Issues: The issues involved the allegations of cheating and criminal intimidation under Sections 420 and 506 IPC, and the entitlement of the petitioner to the benefit of Section 41 Cr.P.C.
Ratio Decidendi: The court emphasized the conditions under which arrest is necessary as per Section 41 Cr.P.C., and the need for the Investigating Officer to satisfy himself that the arrest is necessary for specific purposes envisaged by the law.
Final Decision: The petitioner was directed to contact the Investigating Officer and not leave the State of Uttarakhand without prior permission until the investigation is completed. The criminal writ petition was disposed of at the admission stage, and respondent No. 3 was granted liberty to move for recall of the order if aggrieved.
Umesh Chandra Dhyani, J.
1. By means of present criminal writ petition, the petitioner seeks following reliefs, among others:
"i) Issue a writ, order or direction in the nature of certiorari to quash the first information report dated 01.08.2016 in FIR No. 206 of 2016, under Sections 420, 506 IPC, at police station Kichcha, District Udham Singh Nagar.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 not to arrest and not to harass the petitioner in FIR No. 206 of 2016, under Section 420, 506 IPC at police station Kichcha, District Udham Singh Nagar."
2. An FIR was lodged by respondent No. 3 against the petitioner on 01.08.2016 for the offences punishable under Sections 420, 506 IPC. The relevant portion of said FIR reads as under:
"...I (read informant/reporter) had purchased one plot 30 X 40 ft. in Bankhandinath Colony, adjacent to National Highway No. 74, situated at Village Chutki Deveria, P.S. Kichha, District Udham Singh Nagar from Sri Girdhari Lal Sahu @ Pappu Girdhari s/o Ram Swaroop, r/o Jogi Nawada, P.S. Baradari, District Bareilly (U.P.) and Satendra Singh Rathore s/o Sri Hari Prasad, r/o Jog Nawada, P.S. Baradari, District Bareilly (U.P.) for a total consideration of Rs. 3,33,000/-, the registry of which was executed on 21.01.2012 in the office of Registrar, Kichha by Mr. Mahendra Singh Bisht s/o Sri Umed Singh Bisht r/o village Satkhol, Tehsil and District Nainital, original khata holder of the plot, on being asked to do so by the said persons. After registration, I (reporter) took possession of the above plot/land and started constructing house over it, which was scheduled to be completed in one year, but in the meanwhile, some unknown persons demolished said construction. Thereafter, I (reporter) informed the G.L. Sahu and Satendra Singh Rathore over phone that some unknown persons have demolished certain portion of my house, who were saying that this land is not yours. On this, G.L. Sahu and Satendra Singh Rathore told me that we had some dispute with the original khata holder of the land, and due to this reason you have to wait for some days and we will resolve the matter. But, after a lapse of four years, despite my continuous efforts, neither any result has come out nor did the said plot came in my possession. In the name of resolving the dispute and on the pretext of giving possession at the rate of Rs. 400/- per square yard, G.L. Sahu in the presence of his second wife Rekha Arya, who happened to be the MLA of Someshwar and, the then, S.H.O., P.S. Kichha, as also his Advocate, received the total consideration from me and gave assurance that the mistake in the registry would be rectified, but till date neither the possession of the plot was handed over to me nor the mistake got rectified. On the other hand, a case was registered against me in the court of Addl. District Magistrate (Finance), Udham Singh Nagar. I (reporter) also want to inform you that G.L. Sahu and his associates had also sold the land of the said Bankhandinath colony allocated for the purpose of park. On being asked to handover the possession of said plot, G.L. Sahu along with his son and nephew Satendra Rathore are threatening us with dire consequences...."
3. Section 420 IPC speaks about cheating and dishonestly inducing delivery of property. The same reads as under:
"420. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
4. Section 506 IPC envisages that whoever commits the offence of criminal intimidation shall be punished.
5. On a bare reading of FIR, offences punishable under Sections 420 and 506 IPC are prima facie made
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