9911796707
TMI Blog2023 (8) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the High Court of Judicature at Allahabad dated 08.07.2022 in the Criminal Miscellaneous Writ Petition No. 7335 of 2022 by which the High Court rejected the Writ Petition and thereby declined to quash the said FIR for the offences enumerated above. 3. The FIR in question reads as thus:- "Sir, it is submitted that the applicant has worked for may years in the offices of different government approved mining lease holders in Saharanpur district. Mining industry is the main source of employment in the Behat area of Saharanpur district. The educated youth of the area earn their livelihood by working in the offices of sone crushers and mining lease holders established in the area due to unemployment. In this way, thousands of people earn their livelihood by working in mining offices and stone crushers at the local level. Taking advantage of the unemployment and helplessness of the applicant, Mohammad Wajid s/o Iqbal obtained his signature on some papers on 1.8.2008 and after that he kept on making the applicant sign other papers and blank cheques. The applicant kept signing those papers so as to save his job and out of fear, because he refused to sign, he would have been threat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we are spending a lot of money in the pairvi of case in the court. If you ask for money, we will kill you. Thus, they withheld my salary for 2 years. Even on festivals like Holi and Diwali, they did not permit me to leave, while these are the main festivals of the mine. I don't know how many lives have been destroyed by Mohammad Iqbal alias Bala and his sons and brother and how many families have been ruined. Mohammad Iqbal alias Bala and his family members create panic among the people and threaten to send them to jail by implicating in a false/fake cases. Because of Mohammad Iqbal alias Bala and his family, I had to face many false cases and I was so tensed that I had a heart attack and since then I am alive by taking medicines regularly. I do not want that the life of any other family or person to be destroyed because of such mafias. It has also come to my notice that there are many illegal properties in the name of the company in which I was fraudulently shown as a director. I do not have any relation or concern with any of his company/property, nor is any of his property registered in my name. Therefore, I request to cooperate with me in the investigation so that innumerous m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o protect his employment the informant was made to sign on dotted lines and without his knowledge he was also shown/made Director of a company. It is alleged that the accused petitioners are involved in illegal mining etc. and are exploiting poor persons. It is also stated that a petition was also filed at the instance of informant without his knowledge. As per the FIR allegations the accused petitioners are extending threats to the informant and therefore prayer is made to protect their life and liberty. Learned AGA points out that the third petitioner has a criminal history of 21 cases lodged by the State and 09 complaint cases, whereas the second petitioner has a criminal history of 14 cases and the first petitioner has a criminal history of 09 cases. Learned counsel for the petitioners with reference to the supplementary affidavit filed states that in most of these cases appropriate protection has already been granted by the competent authority. Be that as it may, this Court is not required to make any observation with regard to correctness or otherwise of the FIR allegations. The ascertainment of facts in respect of the FIR would be open for examination at the stage of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs by registering false cases against them. Further the State authorities have not only illegally demolished three residential houses of the Petitioners but has also registered false criminal cases against even those persons who stand surety for the Petitioners and their family members in cases where bail or anticipatory bail has been granted to them. The Petitioners are neither members of any Gang nor are they involved in illegal mining or land grabbing activities. (d) It is submitted that after the change of Government in the State of Uttar Pradesh in the year 2017, the ruling party came to power and immediately after the change of Government the Petitioners along with their family members were falsely implicated in more than 30 criminal cases at the behest of the ruling party. The Petitioners are being unnecessarily harassed by the State machinery including the Police. Although the Respondent State is heavily relying upon the criminal cases registered against the Petitioners and their family members to show that they are habitual offenders but till date the Petitioners have not been convicted by any Court of law and moreover every time the Petitioners or their family members g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner ad other accused persons have committed the serious offences. (d) It is correct and admitted that with the change of dispensation/Government, complainants/terrified peoples /aggrieved persons, who are poor persons, poor farmers, small contractors, have been able to come forward to register or lodge criminal complaints against the Gangster Iqbal @ Bala and his family members as well as associates. Due to illegal support by the earlier dispensation/ Government to these criminals, actions were not taken. (e) Recently, this Hon'ble Court has held in case Mahendra Prasad Tiwari Vs Amit Kumar Tiwari & Anr reported as 2022 SCC Online SC 1057 held that delay is registration of the FIR is not ground to discharge. (f) This Hon'ble Court has held in case Thakur Ram v. State of Bihar, reported as (1966) 2 SCR 740, that barring a few exceptions, in criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interests of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interests of the community to book. (g) It is submitted that this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered over a period of time. It is in the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged. 13. In State of Andhra Pradesh v. Golconda Linga Swamy, (2004) 6 SCC 522, a two-Judge Bench of this Court elaborated on the types of materials the High Court can assess to quash an FIR. The Court drew a fine distinction between consideration of materials that were tendered as evidence and appreciation of such evidence. Only such material that manifestly fails to prove the accusation in the FIR can be considered for quashing an FIR. The Court held:- "5. ...Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of the process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the process of court or quashing of these proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
