High court stays Sonakshi’s arrest in cheating case

  • | Saturday | 9th March, 2019

It is clarified that the petitioner shall not be subjected to any embarrassment or harassment in the intervening period, the court directed.The court, however, declined another request made in the petition for quashing of FIR. The petitioner cannot be absolved from her accountability at the pre-trial stage. The petitioner will have sufficient opportunity to rebut the allegations. “From perusal of the FIR, prima facie cognizable offence is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused,” said the court.During the course of hearing, the counsel for the petitioner submitted that the FIR had been lodged by the complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of exerting pressure upon her.He further submitted that the entire prosecution case was based on fabricated facts.

Allahabad: Allahabad High Court on Friday stayed the arrest of noted Bollywood actor Sonakshi Sinha in connection with a criminal case lodged against her in Moradabad, alleging that she had cheated an event organizer.An FIR was lodged against Sinha and four others at Katghar police station of Moradabad on February 22 by one Pramod Sharma, alleging that she had agreed to participate in an event on September 30, 2018, at Delhi and had taken Rs 37 lakh for it, but declined to attend at the last moment, causing the complainant a huge loss.The FIR was registered under sections 34 (acts done by several persons in furtherance of common intention), 120-B (criminal conspiracy), 406 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC).Disposing of a writ petition filed by Sinha, a division bench comprising Justice Naheed Ara Moonis and Justice Virendra Kumar Srivastava directed that she will not be arrested till the submission of report by the police after completion of investigation of the matter.However, while staying her arrest, the court directed that Sinha shall cooperate with the investigation and appear as and when called upon to assist in the investigation. It is clarified that the petitioner shall not be subjected to any embarrassment or harassment in the intervening period, the court directed.The court, however, declined another request made in the petition for quashing of FIR. “From perusal of the FIR, prima facie cognizable offence is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused,” said the court.During the course of hearing, the counsel for the petitioner submitted that the FIR had been lodged by the complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of exerting pressure upon her.He further submitted that the entire prosecution case was based on fabricated facts. Also, apart from the bald allegations made in the impugned FIR, no evidence was forthcoming even prima facie of delusion or cheating to indicate the complicity of the petitioner in the commission of the alleged crime and hence the said FIR was liable to be quashed.However, the state counsel opposed the petition stating that the allegations made in the FIR cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations. The petitioner cannot be absolved from her accountability at the pre-trial stage.

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