2 in the First Information Report (FIR)
No 195 of 2022 dated 25.08.2022 registered with the Mirzapur Police Station, District Saharanpur, State of U.P.
The present land in the year 2012 forcefully captured by Javed son of Iqbal @ Bala, Hazi Iqbal@ Bala son of Abdul Wahid and Mahmud son of Abdul Wahid residence of Kaswa & P.S. It is thereafter, the then present Javed and his Advocate Jishan after bringing me before the Tube well room; they separately made forceful rape with me.
The victim has alleged that in the year 2012 the appellant along with two other accused persons named in the FIR forcibly took over the possession of the said land and when the victim begged before them to vacate the land, they started threatening her. The High Court by the impugned order dated 17.10.2022 rejected the Criminal Miscellaneous Writ Petition No 15172 of 2022 and
thereby declined to quash the FIR against the appellant. vs State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. Siddhartha Dave, the learned senior counsel appearing for the appellant herein in his written submissions has stated as under:- “a) It is respectfully submitted that the alleged First Information Report is absolutely false and frivolous, and on a reading of the said FIR, the offence under Section 376-D and 506 IPC is clearly not made out against the Complainant herein inasmuch as apart from the omnibus allegation that the Petitioner along with the co-accused person had forcibly taken possession of the land of the Complainant and that they use to threaten her, there is neither any allegation that the Petitioner had committed rape on the Complainant or that he even made any sexual advances towards the Complainant or that he had threatened the Complainant at any point of time in any manner.
Also Read: https://newslaw.in/?p=548
If at all the Complainant had any grievance against the Petitioner she could have approached the Court instead of lodging a false FIR against the Petitioner and that too after an inordinate delay of 4 years for which there is no explanation. d)
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.
Also Read: https://newslaw.in/?p=554
c)
Case Title: HAJI IQBAL @ BALA THROUGH S.P.O.A. Vs. STATE OF U.P. (2023 INSC 686)
Case Number: Crl.A. No.-002343-002343 / 2023
