Suresh Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-36219-2020 (O&M).

Decided on: December 21, 2020.

Suresh Kumar .. Petitioner

VERSUS

State of Haryana .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Aditya Sanghi, Advocate, for the petitioner.

Mr.Naveen K. Sheoran, DAG, Haryana.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No.140 dated 11.9.2020, under Sections 406, 420 and 506 IPC, registered at Police Station Jakhal, District Fatehabad.

Learned counsel for the petitioner has argued that in the present case as per the allegations which are contained in the FIR, the complainant namely Gejo Devi had reported to the police that the petitioner had taken money from her on the pretext of putting it in some scheme of a

company for doubling the same. He has further submitted that the petitioner had no role to play so far as the deposit of money by the complainant with the company is concerned. He has also argued that the petitioner himself has also deposited money in the said company namely M/s Agricutlural Developer India Limited. He has further argued that it is a case where due to mala fide intention of the complainant the present FIR was lodged. He has referred to para 9 of the petition wherein it has been stated that on the same matter, daughter of the complainant namely Gurvinder Kaur had lodged an FIR No.55 dated 25.7.

2019 under Sections 341, 354-A (1) (i) and 506/34 IPC at Women Police Station, Fatehabad, against the petitioner and his family members and the same was ultimately cancelled by the police and as such, she had filed a criminal complaint in the Court of learned Judicial Magistrate First Class, Tohana, which is pending and therefore, he has submitted that the present FIR was lodged only to pressurise the petitioner with regard to earlier FIR which was filed by the daughter of the complainant.

On 5.11.2020, notice of motion was issued by this Court and and in the meanwhile, the petitioner was granted interim protection subject to his joining investigation and complying with the provisions of Section 438 (2) Cr.P.C.

Today, learned State counsel, on instructions from ASI Krishan Kumar, has stated that in pursuance of the order of this Court dated 5.11.2020, the petitioner has joined investigation and has fully cooperated with the investigation process. He has further submitted that the petitioner is

no longer required for custodial interrogation. In view of above statement made by the learned State counsel, the present petition is allowed. Interim order dated 5.11.2020, is hereby made absolute.

December 21, 2020.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No