Order

10/01/2025

1. This petition has been filed under Section 528 of B.N.S.S, 2023 for seeking quashing of the FIR No.340/2024 registered at Police Station Bagad Tiraya, District Alwar for the offences punishable under Sections 316(2) and 318(4) of B.N.S., 2023.

2. Learned counsel for the petitioners submits that the petitioner No.2-Bhupendra gave Rs.30,00,000/- to the respondent No.2 for purchase of buffaloes but the respondent No.2 did not make the arrangements for buffaloes. Learned counsel further submits that the respondent No.2 returned Rs.22,00,000/- to the petitioner No.2-Bhupendra through RTGS, however he refused to make payment of the remaining amount for which the petitioner No.2 submitted a complaint bearing registration No.297/2024 under Section 173(4) of B.N.S.S. against the respondent No.2- Sakir Khan and one Sabir Khan before the Court of Upper Civil Judge and Judicial Magistrate No.1, Ghaziabad.

3. Learned counsel for the petitioners contends that after submission of the said complaint by the petitioner No.2, the respondent No.2-Sakir Khan lodged an FIR bearing registration No.671/2024 at Police Station Murad Nagar, District Ghaziabad for the offence punishable under Section 316(2) of B.N.S. on false and fabricated facts i.e. for purchase of a JCB Machine bearing registration NO.UP-14-NT-8849, which is owned by the petitioner No.2-Bhupendra. Learned counsel for the petitioners also contends that the allegations levelled in the said FIR was that price of the JCB Machine was fixed as Rs.24,00,000/- out of which Rs.22,00,000/- have been paid to the respondent No.2, however, later on, the petitioner No.2 refused to transfer the JCB Machine to the respondent No.2. Learned counsel also contends that in the said FIR, the petitioner Nos.1 and 3 have been granted benefit of anticipatory bail.

4. Learned counsel for the petitioners argues that now on the same facts, another FIR bearing registration No.340/2024 has been registered by the respondent No.2 at Police Station Bagad Tiraya, District Alwar for the offences punishable under Sections 316(2) and 318(4) of B.N.S. and the Police is going to arrest the petitioners. Learned counsel also argues that on the same facts, it is not permissible for registration of two FIRs and, therefore, the present FIR No.340/2024 registered at Police Station Bagad, Tiraya, District Alwar be quashed and set aside.

5. In support of his submissions, learned for the petitioners has placed reliance on the law laid down by the Hon'ble Apex Court in the case of Prateek Bansal Vs. State of Rajasthan & Ors. (Special Leave to Petition (Crl.) No.2520/2017) decided on 19.04.2024, and also on the judgments passed by the Coordinate Benches of this Court in the case of Riyajuddin & Ors. Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No.318/2016) decided on 12.08.2016 and in the case of Mahaveer Kumar Jain Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No.2529/2014) decided on

19.07.2017.

6. Learned Public Prosecutor accepts notice on behalf of the respondent No.1 and opposes the prayer made on behalf of the petitioner.

7. Heard learned counsel for the parties.

8. The matter requires consideration.

9. Looking to the facts and circumstances of the case, let notices be issued to the respondent No.2 by ordinary course as well as registered post, returnable within six weeks. Requisites be filed within a period of one week, failing which this order shall lose its efficacy.

10. In the meanwhile, the petitioners are directed to join the investigation.

11. List the matter after six weeks, till then no coercive steps shall be taken against the petitioners.

(ASHUTOSH KUMAR),J AARZOO ARORA /46 Powerd by TCPDF (w.tcpdf.org)