IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 865 Of 2009 Sarfraj ………….. Petitioner Versus State of Uttarakhand & Another ………….Respondents Mr. Manish Arora, learned counsel for the petitioner. Mr. S.S. Adhikari, learned A.G.A. for respondent no. 1. Dated: November 18, 2009 Hon’ble Alok Singh, J. (By the Court) Heard at length Mr. Manish Arora, learned counsel for the petitioner and Mr. S.S. Adhikari, learned A.G.A. for respondent no. 1. Learned counsel for the petitioner argued that no offence under Sections 406/411 IPC has been made out and without any recovery Inquiry Officer has wrongly filed chargesheet under Section 411 IPC. Respondent no. 2 (herein as “complainant”) lodged First Information Report in Case Crime No. 56 of 2007 with Police Station: Vikash Nagar, District: Dehradun with the allegation that the petitioner has taken his motor cycle and Rs. 50,000/- by playing fraud on him. After the Investigation, Inquiry Officer has filed impugned chargesheet under Sections 406/411 IPC. Mr. Adhikari states that from the contents of the FIR it can be a case of Section 420 I.P.C., if not of Section 406 I.P.C. However, he fairly stated that Section 411 IPC prima facie seems to have been wrongly invoked. Without expressing any opinion, this Court is of the view that the petitioner should approach the trial Court under Section 239 Cr.P.C. and may argue on the point of discharge. Mr. Adhikari, states that while hearing the petitioner, trial Court should also decide the question as to whether charges can be framed against the petitioner under Section 420 I.P.C. or under any other appropriate Section of I.P.C. on the basis of material available on the record. It would be appropriate to direct the petitioner to approach the learned trial Court to place his case under Section 239 Cr.P.C., requesting the Court to discharge and while considering the plea of the petitioner, Court shall be at liberty to frame charges under the relevant sections, if warranted. This application stands disposed of. (Alok Singh, J.) 18.11.2009 Amit