NARAD MUNI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners are B. Tech. Students in ICFAI University, Dehradun. There is an allegation against them that they have cheated respondent no. 3 by making an advertisement in an internet site known as "quikr.com" inviting buyers for a mobile phone. Respondent no. 3 settled a deal for Rs.48,000.00 with the petitioners, out of which he paid Rs.40,000.00 by depositing in the account of the petitioners, which was promptly withdrawn by them. However, thereafter respondent no. 3 lost all connections with the petitioners and all his efforts to contact the petitioners failed.

(2.) RESPONDENT no. 3 resides in Bangalore and he came all the way to Dehradun to lodge the First Information Report at Police Station Patel Nagar, District Dehradun on 1.1.2013 under Section 420/467/468/471 & 120-B of IPC. The petitioners were arrested on the same day and since then are in jail.

(3.) THE petitioner has invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for quashing the entire proceedings. Before this Court may proceed, this Court deems it fit and proper that the State must get an opportunity to file the counter affidavit, and the same opportunity be given to respondent no. 3 as well to file a formal affidavit to bring the entire facts on record and his stand in the matter.