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. 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. When I came to know about this, I appeared before the Hon’ble Judge in the Hon’ble High Court, Allahabad made him aware of the truth that at present I do not work with the aforesaid persons and in the past also I have worked in his mining lease office only and never did a job in their University.
When I asked for my salary, Mohammad Iqbal alias Bala and his sons and brother put a pistol (Tamancha) on my temporal region and said that we are spending a lot of money in the pairvi of case in the court.
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. It is alleged that taking advantage of the helplessness of the first informant, the appellant No 2 herein, Abdul Wajid obtained his signature on some papers on 01.08.2008 and later, the appellant No 2 kept on compelling the first informant to sign other papers and bank cheques without the consent of the first informant and without bringing anything to the notice of the first informant in regard to the cheques, blank papers, etc. This writ petition has been filed with the prayer to quash the First Information Report, registered as Case Crime No.127 of 2022, under Sections 420, 467, 468, 471, 342, 386, 504, 506 IPC, Police Station Mirzapur, District Saharanpur, on the ground that petitioners have been falsely implicated. 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. Considering the fact that there are large number of criminal cases lodged against the petitioners and prima facie allegations with regard to commissioning of cognizable offence in the FIR are disclosed, we decline to exercise our extraordinary jurisdiction in the matter in view of the law laid down by the Supreme Court in the case of State of Telangana Vs.
Siddhartha Dave, the learned senior counsel appearing for the appellants herein in his written submissions has stated as under:- “(a) The allegations in the First Information Report are not only absurd but also highly improbable given that the said incident allegedly occurred in the year 2008 while the FIR has been lodged after an inordinate delay of 14 years, that is, on 4.06.2022, which has not been explained.
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. (f) 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.3 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. (h)
For the reasons mentioned above, the Special Leave Petition may be allowed and the order of the Hon’ble High Court refusing to quash the FIR No 127 of 2022 dated 4.06.2022 be set aside.
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(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. (g)It is submitted that this Hon’ble Court has held in case Sohan Singh and Another vs State of Bihar, (2010) 1 SCC 68, has held that “When FIR by a Hindu lady is to be lodged with regard to commission of offence like rape, many questions would obviously crop up for consideration before one finally decides to lodge the FIR.
(i)In view of the aforementioned factual & legal submissions, it is most respectfully submitted that the present special leave petition of the Petitioners is liable to be dismissed with exemplary cost and the impugned order dated 08.07.2022 passed by the Hon’ble High Court in Criminal Misc. The parameters are:- “(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(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. (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.” We are of the view that the case of the present appellants falls within the parameters Nos.
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Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. …
Case Title: MAHMOOD ALI Vs. STATE OF U.P. (2023 INSC 684)
Case Number: Crl.A. No.-002341-002341 / 2023
