Himanshu Bhai Ishwar Bhai Vankar v. State of Uttar Pradesh
In the High Court of Allahabad
Crl. Misc. W.P. 3319/2024
Before Justice Siddharth and Justice Surendra Singh-I
Decided on April 01, 2024

Relevancy of the case: Quashing an FIR for cheating on the grounds of ongoing disputes between the parties

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66D)
• The Indian Penal Code, 1860 (Section 420)
• The Code of Criminal Procedure, 1973 (Section 41, 41A, 173(2))
• The Constitution of India, 1950 (Article 226)

Relevant Facts of the Case

• The petitioner has challenged the legality and validity of an FIR dated July 04, 2023. The FIR contains allegations under the provisions mentioned above.
• The petitioner’s ground for challenging the FIR was that it resulted from a dispute between the parties.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the FIR resulted from a dispute between parties. This is not a genuine case of a criminal offence. Moreover, as per the Supreme Court’s directives in Arnesh Kumar v. State of Bihar (2014), the police should avoid unnecessary arrests, and the magistrate should authorise detention only after due satisfaction from the materials presented.
• The respondent’s counsel did not specifically counter the arguments. However, they participated in the procedural aspects per the court’s directives and the guidelines established by the Supreme Court.

Opinion of the Bench

• The court stressed on petitioners’ freedom protected under Sections 41 and 41A of the Code of Criminal Procedure, 1973.
• The petitioner’s arrest could only occur if the police found credible material against the petitioner, as per the Arnesh Kumar guidelines.

Final Decision

• The court disposed of the petition while directing the Investigation Officer to summon the petitioner for cooperation and complete the investigation within 60 days.