Uttarakhand High CourtWPCRL/1896/2021 on 8 October, 2021Author:R.C. KhulbeBench:R.C. KhulbeOffice Notes, reports,\n             orders or proceedings\nSL.\n      Date     or directions and                    COURT'S OR JUDGES'S ORDERS\nNo\n             Registrar's order with\n                  Signatures\n                                      WPCRL 1896 of2021\n                                      Hon'ble R.C. Khulbe, J.Ms. Prabha Naithani, learned counsel for the\n                                      petitioner.Mr. Rakesh Joshi, learned Brief Holder for the\n                                      State.By means of present writ petition moved underArticle 226of the Constitution of India, the petitioner\n                                      has sought quashing of the FIR , details whereof are\n                                      given in the prayer clause.Heard on the stay application being IA No. 1 of\n                                      2021.As per the records, respondent -Padam Singh\n                                      submitted an information with P.S. Doiwala on\n                                      18.11.2020; as per the FIR, accused Neeraj Kumr\n                                      executed an agreement to sell in favour of informant\n                                      and took Rs.46.00 lakh in advance; it is the only\n                                      allegation against the petitioner that as per the request\n                                      of accused Neeraj Kumar, informant paid Rs.3.00\n                                      lakh to the present petitioner; from the FIR, the\n                                      agreement to sell was not executed by the petitioner;\n                                      he was not the marginal witness; it is a matter of\n                                      evidence whether he took the money or not; prima\n                                      facie, there is no allegation of cheating against the\n                                      petitioner,\n                                             Issue notice to respondent no. 3.\n                                             Steps at the earliest.Learned counsel for the State prays for and is\n                                      granted six weeks' time to seek instructions.List on 30.11.2021.In the meantime, the I.O. is directed to follow\n                                      the procedure underSection 41Cr.P.C., as per the law\n                                      laid down by the Hon'ble Apex Court in the case ofArnesh Kumar vs. State of Bihar& anr., reported in\n                                      (2014) 8SCC 273.Stay application stands disposed of.\n                                             Let a certified copy of this order be supplied to\n                                      the learned counsel for the petitioner today itself, as\n                                      per rules.(R.C. Khulbe, J.)\n                                                                    08.10.2021\n Parul