GOLDY & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition preferred under Section 438 Cr.P.C. for grant of pre-arrest in case FIR No.450 dated June 24, 2014 under Sections 406, 506 IPC, registered with Police Station, Model Town, Panipat.

(2.) The case as set up in the FIR is that the complainant purchased Tata Safari bearing Registration No.HR22-G-0076 from Surender on October 15, 2013 for sale consideration of Rs. 7,80,000/-. At that time an affidavit showing sale of the above said vehicle was also handed over to him by Surender with the assurance that he will get the same transferred in his name within ten days and would also hand over the original documents. However, after some days Goldy took the vehicle from him as he was to attend a marriage in his relation but did not return it. Rather, he started extending threats to eliminate him with the licensed gun possessed by Surender. Apprehending danger to his life he approached the police and got the instant FIR registered.

(3.) Here, it would be pertain to mention that petitioners earlier preferred a petition under Section 438 Cr.P.C. in Bail Application No.568 of 2014 which was allowed subject to certain conditions vide order dated July 3, 2014. The relevant portion of the said order reads as under:-