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Judgment
Sanjaya Kumar Mishra, J
By filing this writ application, the petitioner has prayed for issuance of a writ of certiorari quashing the First Information Report No. 168 of 2021, dated 09.11.2021, registered under Sections 406 and 420 of the Indian Penal Code (herein after referred to as “the Code”, for brevity), at PS Clement Town, District Dehradun.
Learned counsel for the petitioner would submit that the FIR has been lodged after expiry of the limitation to file a suit for Specific Performance of Contract and moreover, he would further submit that the facts alleged in the FIR reveal a civil dispute rather than a criminal case.
Learned counsel for the private respondent, on the other hand, submits that the petitioner is guilt of suppression of material facts. He has prayed of an interim relief in spite of the fact that the petitioner has been granted an anticipatory bail by the learned Sessions Judge, Dehradun, in Anticipatory Bail Application No. 152 of 2022, wherein a stipulation has been made that the petitioner therein, who is the petitioner before us now, shall not leave India without the permission of the Court. However, it is borne out from the record that though the petitioner has given his address to be a resident of Secundrabad, Andhra Pradesh, a notarized affidavit has been filed sworn at London, United Kingdom. This was pointed out by the Office and some corrections have been made in the writ petition, apparently without leave of the Court.
In view of the ratio decided by the Hon’ble Supreme Court in Anand Kumar Mohatta and another vs. State (NCT of Delhi) Department of Home and another, (2019) 11 SCC 706, and the observations made by the Hon’ble Supreme Court in Prem Kumar vs. State of Rajasthan and another, (2020) 20 SCC 623, issue rule nisi.
Since the respondent no.2 has already put in appearance and copy of the writ application along with annexure has already been received by the private respondent as well as the learned Deputy Advocate General, there is no need to issue formal notice.
Respondents shall file their counter affidavit within six weeks.
List this matter on 28th of November, 2022.
It is brought to our notice that the petitioner has already been granted anticipatory bail, so the application for stay of arrest has become infructuous and disposed of as such.