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TMI Blog2023 (8) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... t Allahabad dated 17.10.2022 in the Criminal Miscellaneous Writ Petition No. 15174 of 2022 by which the High Court rejected the Writ Petition filed by Appellants herein thereby declining to quash the aforesaid FIR. FACTUAL MATRIX 3. The Respondent No. 4 herein namely Ram Kumar lodged FIR No. 224 of 2022 for the offences enumerated above at the police station also referred to above. The FIR reads thus: ... The undersigned Ramkumar son of Sadhuram is a resident of Kasimpur, P.S. Mirjapur. I want to submit that Haji Iqbal, his son Javed, Wazid, Alishan, Afjal and brother of Iqbal namely Mehmood Ali forcefully started to tell us since long that our land bearing Khasra No. 256/1 situated at Village Mayapur belongs to them. It is in the year 2021 when time for cultivation arrived, that myself and my brother Rajkumar went to the house of Iqbal, son of Abdul Wahid at Mirjapur. We requested him that you people are disturbing the peace and tranquility of us. We said, we were destitute. It is on that Iqbal, his brother Mehmood and his sons namely Zabed, Wajid, Alishan and Afjal became very furious on us. They started using abusive language against us. We requested them to stop uttering ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atures of the first informant and his brother on a plain stamp paper. After the alleged incident, the first informant and his brother Rajkumar left the house of the Appellant No. 2 herein. 5. It is pertinent to note that for the incident alleged to have occurred in the year 2021, the FIR was lodged in the year 2022. It is also pertinent to note that in the FIR, no date and time of the alleged incident has been stated. No plausible explanation was offered by the first informant as to why there was inordinate delay in lodging the FIR. 6. The Appellants herein went before the High Court of Judicature at Allahabad and filed Criminal Miscellaneous Writ Petition No. 15174 of 2022 and prayed for the quashing of the FIR in question. The High Court declined to entertain the writ application and rejected the same observing as under: Heard learned Counsel for the Petitioners and learned A.G.A for the State Respondents. The relief sought in this petition is for quashing of the F.I.R. dated 19.09.2022, registered as Case Crime No. 0224 of 2022, Under Sections 395, 504, 506, 323 Indian Penal Code, Police Station Mirzapur, District Saharanpur. Learned AGA opposed the prayer for quashing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Accused Haji Iqbal (Petitioner No. 2 herein) and his sons Javed, Mohammad Wajid (Petitioner No. 1 herein), Alishan, Afjal and his brother Mehmood Ali had earlier claimed that the said land bearing Khasra No. 256/1 belonged to them. In the year 2021, when the Complainant and his bother Raj Kumar went to Petitioner No. 2's house situated at Mirzapur, Saharanpur and requested him not to disturb the peace and tranquility of their land upon which Petitioner No. 2 Iqbal, Mehmood Ali, Javed, Petitioner No. 1 Mahmood Wajid, Alishan and Afzal abused the Complainant and thereafter they assaulted him and his brother Raj Kumar with their hands and fists. It is further alleged that the Accused persons then pointed a pistol on the Complainant's forehead and forcibly took an amount of Rs. 2 lakh from the Complainant's pocket. The Accused persons threatened the Complainant that in case he told anyone about the incident then all his family members will be eliminated. It is further alleged that the Accused persons forcibly got the signatures of the Complainant and his brother on a blank stamp paper and after being robbed of their money the Complainant and his brother quietly returned h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs false cases against them. 6. It is submitted that the alleged Look Out Notice dated 10.05.2022 was issued much prior to the registration of the present FIR No. 224 of 2022 which was registered on 19.09.2022 and as such is inconsequential. 7. It is respectfully submitted that the alleged First Information Report has been maliciously instituted at the behest of the present ruling party in the State of Uttar Pradesh to wreak vengeance and to settle political scores with Petitioner No. 2 Mohd. Iqbal alias Bala as he belongs to a rival political party and he was also a Member of Legislative Council from the period 2011 to 2016. Petitioner No. 2 Mohd. Iqbal alias Bala belongs to a respectable family of Saharanpur and he is running several Charitable Institutions. 8. The allegations made in the First Information Report do not prima facie constitute any offence or make out a case Under Sections 395, 504, 506 and 323 Indian Penal Code against the Petitioner and thus, the FIR is liable to be quashed. It is pertinent to mention that even after the charge sheet has been filed, the petition for quashing of a FIR is well within the powers of a Court of law [Please see: Anand Kumar Mohat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Iqbal terrorized the people, he is a known name of terror in the area of District Saharanpur or Western State of Uttar Pradesh, due to which, no FIR(s)/Criminal cases were registered against the Accused Iqbal and his family members. * LOOK OUT NOTICES: The Accused Iqbal is absconding from the process and the number of Look Out Circulars were issued against him. But the Accused Iqbal has not appeared even once in any case and has already absconded. A person who does not cooperate with the investigation, no relief can be granted to him. * NOTICES Under Section 41: A large number of notices Under Section 41A Code of Criminal Procedure have been issued in a large number of cases were issued to the Accused Iqbal @ Bala, despite the service of notices, the Accused Iqbal neither appeared nor joined the investigation in any criminal case. * HISTORY SHEETER GANGSTER GANG LEADER: The Accused Haji Iqbal @ Mohd. Iqbal @ Bala is a history-sheeter, gang leader, known name of terror, if any relief to be given to such type of criminals, who are publicly involved in rape cases, dacoity cases, fraud cases, land grabbing cases, extortion cases etc will send a wrong message/signal to the socie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies under the Companies Act, 1956, many of which have dummy directors or fictitious shareholders; * Used Glocal University in Saharanpur (located in exceeding area more than 700 acres, where he is the founder Chancellor and managed by the Abdul Waheed Educational and Charitable Trust, a trust set up in his father's name with his family members as its trustees, for creating assets out of money illegally earned through the mining contracts. * The Accused Haji Iqbal @ Bala and his family members are involved in illegal mining cases, land grabbing cases, fraud cases and other criminal cases including rape, dacoity and others. * The Accused Iqbal @ Bala, being Gang leader, and his gang members are criminal minded persons and indulges in anti-social activities and the Petitioners, to gain the illegal money, are involved in illegal mining business, grabbing the government and non-government land by taking illegal possession. * It is submitted that the fact that the complaints may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings. * That the Section 482 of the Code of Criminal Procedure provides:"482. Saving of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 323, 504, 506 Indian Penal Code Behat Saharanpur 4. 302 of 2016 420, 467, 468, 471 Indian Penal Code Ecotech third Gautambuddh Nagar 5. 196 of 2017 420, 406, 506 Indian Penal Code Mirzapur Saharanpur 6. 246 of 2017 452, 323, 504, 506, 354, 147, 148, 386, 420, 467, 468, 471, 120B Indian Penal Code Sadar Bajar Saharanpur 7. 39 of 2018 420, 467, 468, 471 Indian Penal Code Janakpuri, Saharanpur 8. 52 of 2018 147, 148, 149, 352, 504, 147, 148, 386, 420, 467, 468, 471, 120B Indian Penal Code Section 3(2)(5)A SC/ST Act and Section 7 Criminal Law Amendment Act Sadar Bajar Saharanpur 9. 65 of 2018 403, 447, 506, 120B Indian Penal Code Mirzapur Saharanpur 10. 165 of 2018 2/3 Gangster Act Mirzapur Saharanpur 11. 177 of 2019 420, 504, 506, 467, 468, 471 Indian Penal Code Mirzapur Saharanpur 12. 178 of 2019 406, 342, 392, 504, 506, 354 Indian Penal Code Mirzapur Saharanpur 13. 587 of 2019 120B, 167, 467, 468, 471 Indian Penal Code Sadar Bajar Saharanpur 14. 519 of 2021 420, 466, 467, 468, 471, 120B Indian Penal Code Behat Saharanpur 2021 468, 471, 120B Indian Penal Code 15. 83 of 2022 2/3 Gangster Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 391 Indian Penal Code, which stipulates that when five or more persons conjointly or attempt to commit a robbery or, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity. c) Further, the robbery has defined Under Section 390 Indian Penal Code, which stipulates that Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. In the present case, the other Accused persons (total 6 Accused persons) have looted & extorted the complainant. The contents of the FIR prima facie reveals that the Complainant, when they visited the house of the Petitioners, he was looted and wrongful restrained by the Petitioners. The Petitioners and the other Accused persons, as such, prima facie in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conduct of its Ministers will remain beyond scrutiny. These observations afford a complete answer to the contention urged on behalf of Dr. Jagannath Mishra that this Court should not interfere with the withdrawal of the prosecution because the successor government of Karpoori Thakur or Sheonandan Paswan was actuated by political motivation or vendetta. 9. Ms. Garima Prasad brought to the notice of this Court that the investigation has been completed and charge sheet is ready to be filed against the Appellants and other co-Accused, however, due to the interim order passed by this Court on 28.11.2022, the Investigation Officer has not been able to file the charge sheet before the concerned trial court. ANALYSIS 10. Having heard the learned Counsel appearing for the parties and having gone through the materials on record, the following questions fall for the consideration by this Court: 1. Whether the plain reading of the FIR discloses commission of the offence of dacoity punishable Under Section 395 of the Indian Penal Code? To put it in other words, even if the entire case of the prosecution is believed to be true, whether the ingredients to constitute the offence of dacoity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a pistol, and demands Z's purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z's child on the high road. A takes the child, and threatens to filing it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying "Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees". This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child. 12. Section 391 of the Indian Penal Code defines "dacoity". Section 391 reads thus: Section 391. Dacoity. - When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is committing the theft or is carrying away or is attempting to carry away the property obtained by theft. It does not mean that the assault or the hurt must be caused in the same transaction or in the same circumstances. 16. In Karuppa Gounden v. Emperor, A.I.R. 1918 Madras 821, which followed two Calcutta cases of Otaruddi Manjhi v. Kafiluddi Manjhi, (1900-01) 5 C.W.N. 372, and King Emperor v. Mathura Thakur, (1901-02) 6 C.W.N. 72, it has been observed at page 824 as follows: Now it is our duty to give effect to the words "for that end". It would have been open to the legislature to have used other words which would not raise the difficulty that arises here. The Public Prosecutor has been forced to argue that "for that end" must be read as meaning 'in those circumstances'. In my opinion we cannot do that in construing a Section in the Penal Code. Undoubtedly, words 'in those circumstances' would widen the application of the Section and we are not permitted to do that. The matter has been considered in two judgments of the Calcutta High Court one of which is reported as Otaruddi Manjhi v. Kafiluddi Manjhi (1900-01) 5 C.W.N. 372. Their Lordships put the questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land. The first informant says that he is the lawful owner of the land in question, whereas, according to him, the Accused persons are wrongly claiming to be the lawful owners of the land. With a view to settle this dispute, the first informant and his brother are said to have visited the house of the Appellant No. 2 on their own free will and volition. It is only after reaching the house of the Appellant No. 2 that the entire incident is alleged to have occurred. We should be mindful of the fact that we are dealing with provisions of a criminal statute, like the Indian Penal Code. The provisions of any criminal statute are to be construed and interpreted strictly. 19. The general Rule governing the interpretation of penal statute is that it must be strictly construed. Strict interpretation in the words of Crawford connotes: If a statute is to be strictly construed, nothing should be included within its scope that does not come clearly within the meaning of the language used. Its language must be given exact and technical meaning with no extension on account of implications or equitable considerations; or has been aptly asserted, its operation must be confined to cases coming cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.-And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 24. An offence Under Section 503 has following essentials: 1) Threatening a person with any injury; (i) to his person, reputation or property; or (ii) to the person, or reputation of any one in whom that person is interested. 2) The threat must be with intent; (i) to cause alarm to that person; or (ii) to cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat; or (iii) to cause that person to omit to do any act which that person is legally entitled to do as the means of avoiding the execution of such threat. 25. Section 504 of the Indian Penal Code con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bombay High Court pointed out that: To constitute an offence Under Section 504, Indian Penal Code it is sufficient if the insult is of a kind calculated to cause the other party to lose his temper and say or do something violent. Public peace can be broken by angry words as well as deeds. (Emphasis supplied) 27. A bare perusal of Section 506 of the Indian Penal Code makes it clear that a part of it relates to criminal intimidation. Before an offence of criminal intimidation is made out, it must be established that the Accused had an intention to cause alarm to the complainant. 28. In the facts and circumstances of the case and more particularly, considering the nature of the allegations levelled in the FIR, a prima facie case to constitute the offence punishable Under Section 506 of the Indian Penal Code may probably could be said to have been disclosed but not Under Section 504 of the Indian Penal Code. The allegations with respect to the offence punishable Under Section 504 of the Indian Penal Code can also be looked at from a different perspective. In the FIR, all that the first informant has stated is that abusive language was used by the Accused persons. What exactly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the Accused and with a view to spite him due to private and personal grudge. In our opinion, the present case falls within the parameters Nos. 1, 5 and 7 referred to above. 30. At this stage, we would like to observe something important. Whenever an Accused comes before the Court invoking either the inherent powers Under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction Under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the Accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. 6. In R.P. Kapur v. State of Punjab AIR 1960 SC 866: 1960 Cri LJ 1239, this Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings: (AIR p. 869, para 6) 38 (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; (ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. 7. In dealing with the last category, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay clarify that delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR. However, delay with other attending circumstances emerging from the record of the case rendering the entire case put up by the prosecution inherently improbable, may at times become a good ground to quash the FIR and consequential proceedings. If the FIR, like the one in the case on hand, is lodged after a period of more than one year without disclosing the date and time of the alleged incident and further without any plausible and convincing explanation for such delay, then how is the Accused expected to defend himself in the trial. It is altogether different to say that in a given case, in the course of investigation the investigating agency may be able to ascertain the date and time of the incident, etc. The recovery of few incriminating articles may also at times lend credence to the allegations levelled in the FIR. However, in the absence of all such materials merely on the basis of vague and general allegations levelled in the FIR, the Accused cannot be put to trial. 34. The learned Additional Advocate General appearing for the State vehemently submitted that consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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