982 of 2023 filed by the appellant herein by which the High Court rejected the Writ Petition and thereby declined to quash the FIR for the offences punishable under Sections 395, 386, 365, 342 and 506 resply of the Indian Penal Code (IPC). Haji Iqbal alias Bala S/o
Abdul Wahid, R/o Mirzapur. Haji Iqbal alias Bala and his brother Mehmood Ali Iqbal in the year 2016 with a request to allow me to take back the construction material back and also for recovery of the outstanding bill amount. I again visited the Glocal University on the following Monday with my partner Yogesh Kumar S/o Dharam Singh R/o, Shiv Puri, Yamuna Nagar requesting to give back the construction material and the goods. Later, after about 6 hours, around 5 p.m., one of our employee Karan Singh S/o
Om Veer R/o Balu, District Saharanpur came at their residence with all the agreements and a sum of Rs. Through the said new contractor, I also came to know that all the construction materials are kept in the steel yard of the University campus. On March 2021 when the Complainant had gone to meet the appellant to ask him to return the balance amount, the accused persons namely, Mahmood Ali, Javed, Afzal and Alishan refused to return the balance amount as well as the construction articles and further threatened to kill the Complainant. It appears from the materials on record that the appellant herein went before the High Court by filing Criminal Miscellaneous Writ Petition No 982 of 2023 for the purpose of getting the FIR quashed. as well as learned counsel appearing for the informant confirmed that the petitioner has criminal history of 36 cases and in addition to that learned counsel appearing for the informant submitted that 11 cases have also been instituted as complaint case against the petitioner. Therefore, in view Neutral Citation No – 2023:AHC:23870-DB of the law laid down by Hon’ble Supreme Court in the case of State of Haryana and others vs Bhajan Lal and others, 1992 Supp. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. b)
The allegations in the First Information Report are not only vague but also highly improbable given that apart from the bald allegation that the incident occurred on a Monday in the year 2021, there is no mention of the date and time of incident in the FIR. Moreover the alleged agreement for contractual work was entered into between the Complainant and Saifuddin (who was not made an accused in the FIR), the then Manager of Glocal University, for which payment was made by Glocal University thus there is no involvement of the Petitioner in fulfilling any demand of the Complainant. d)
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The Respondents are maliciously attempting to project the Petitioner, who is a Chancellor of Glocal University, as a hardened criminal when the fact is that every time the Petitioner and his family members were granted protection by the Courts, the Police immediately registered new FIRs against them, It is submitted that the State of Uttar Pradesh is misusing its administrative and police machinery to harass the Petitioner and his family members by registering false cases against them.
g)
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 the Petitioner as he belongs to a rival political party and he was also a Member of Legislative Council from the period 2011 to 2016.
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 MOHATTA & ANOTHER VS.
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Further, it was alleged in the said FIR that the Complainant received a contract for construction work of school building in Glocal University for Rs. It is also alleged in the FIR that when the complainant went to the petitioner’s residence, the petitioner, his brother Mahmood Ali and other accused persons namely, Afjal and Alishan forcefully snatched the car keys of the complainant’s car, mobile phone, a sum of Rs. c) Further, the Investigation also recorded the statement of the independent witnesses to know that the complainant was duped by the Petitioner and other accused person, which proves that the Complainant was duped by the Petitioner and other accused persons.
g) It is submitted that the Petitioner No 1 is Ex- MLC and powerful persons and he is having all sources in the previous Government(s), due to fear & threat given by the Petitioner, the complainant did not raise his voice against the Petitioner No 1 and his family members. In the same manner, none of the ingredients to constitute the offence punishable under Section 365, 342 and 506 resply of the IPC are disclosed on plain reading of the FIR.
Case Title: HAJI IQBAL @ BALA Vs. STATE OF U.P. (2023 INSC 688)
Case Number: Crl.A. No.-002345-002345 / 2023
