JULFIKAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition, petitioners have put to challenge the FIR No.547 of 2024 dtd. 22/9/2024, for the offence punishable under Sec. 406 IPC, registered with Police Station Gangnahar, District Dehradun.

(2.) The brief facts of the case are that the respondent No.3-complainant lodged the aforesaid FIR against the petitioners alleging therein that on 7/11/2023, respondent No.3 collected Rupees Forty Lakh from his relatives and Rupees Fifteen Lakh was withdrawn from Utkarsh Bank Account, total amount of Rupees Fifty Five Lakh was given to the petitioners and the petitioner No.1 gave Range Rover Car as guarantee to the respondent No.3; this car was on finance, whose installment was deal to be paid by the petitioner No.1, thereafter, when respondent No.3 was going to Dehradun via Ibrahimpur, on 3/7/2024, the said car was forcibly snatched by the petitioners. Petitioner No.1 returned the amount of Rupees Twenty Eight Lakh to the respondent No.3, but they did not return the remaining amount of Rupees Twenty Seven Lakh despite requesting several times and threatened the respondent No.3 not to return the balance amount.

(3.) It is contended by learned counsel for the petitioners that as per the allegation leveled by the respondent No.3 in FIR about the huge money of Rupees Fifty Five Lakh were given to petitioners, but, neither there was any such transaction nor any document or any contract of the given money is there, which shows the money transaction was made out between the parties.