9911796707
TMI Blog2022 (8) TMI 1091X X X X Extracts X X X X X X X X Extracts X X X X ..... s an issue to be raised by the private opposite parties before NCLT. The dispute is essentially regarding rent for the period 2018 and thereafter, which is precisely the issue pending before the NCLT. It is a moot point as to how far element of criminality is involved in the matter if the dispute can be raised before other forums as per law and has been raised as claimed by the petitioner. Therefore, while investigation shall go on and the petitioner shall appear before the investigating officer to get his statement recorded, it is opined that the petitioner shall not be arrested in Case Crime No.0514 of 2022, under Sections 352, 406, 420, 447, 506 I.P.C., Police Station-Gomti Nagar, Lucknow, subject to his co-operation in the investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition. The informant- opposite party nos. 4 to 27 were not party to the said agreement, however, the agreement did envisage and permit creation of third party rights subject to certain conditions mentioned therein. According to him the said conditions were never fulfilled and certain agreements/sale deeds were executed by Rohtas Projects Limited in favour of the private opposite parties herein, but in violation of the terms agreed contained in Annexure-5 to the petition. (ii) It is not in dispute that petitioner has always been in possession of the premises in question. (iii) As regards the rent, non payment of which is being alleged in the F.I.R., proceedings were initiated under Section 4/7 of the Insolvency and Bankruptcy Code, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly between the petitioner and private opposite parties is, with regard to the rent which is an issue pending before the NCLT in proceedings under Section 66 wherein the private parties are contesting the matter and the F.I.R. has been lodged merely as an arm twisting measure to pressurize applicant into paying the amount in question. (v) The dispute essentially being of a civil nature, no criminal offence is made out even from a bare reading of the F.I.R. As regards the taking away of goods from the premises in question the F.I.R. itself mentions that the goods belong to the petitioner, therefore, no offence is made out in this regard also. Sri Pritish Kumar, learned counsel for opposite parties on the other hand says that the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale deed itself was in violation of the terms and conditions agreed between the petitioner and the Rohtas Project Limited and in any case this very matter being pending before the NCLT, criminal proceedings should not be allowed to go on. He also says that the Resolution Professional has also sought a nullification of the sale deeds executed by the Rohtas Project Limited in favour of the private opposite parties in the pending proceedings before NCLT. Moreover, it is their own case of the private opposite parties that they have put their lock on the premises in question and have handed over the keys to the police, a fact which has also stated by Sri Pritish Kumar. Sri Mishra says that petitioner's goods are lying in the locked premise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as claimed by the petitioner. Therefore, while investigation shall go on and the petitioner shall appear before the investigating officer to get his statement recorded, we are of the opinion that the petitioner shall not be arrested in Case Crime No.0514 of 2022, under Sections 352, 406, 420, 447, 506 I.P.C., Police Station-Gomti Nagar, Lucknow, subject to his co-operation in the investigation. The investigating officer shall also take into consideration as to whether it is primarily a civil dispute and whether any criminal offence is made out against the petitioner in this regard or not. The investigating officer shall also consider as to whether recording of statement of petitioner is possible through video conferencing, as, the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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