TaxTMI 
TaxTMI 
2023 (8) TMI 1361
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....der passed by the High Court of Judicature at 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 lan....
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....has alleged that the Accused persons forcibly obtained signatures 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 M....
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....er of land situated at Khasra No. 256/1, Village Mayapur, Mirzapur, District Saharanpur. It is further alleged that the 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 b....
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....anticipatory bail or stay of arrest) from either this Hon'ble Court or the Hon'ble High Court, the local police immediately registers 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 mentio....
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....over the past decades with support of earlier dispensation/Government(s), and that is why the criminal cases registered against him in the years 1990 - 1993, were withdrawn by the earlier Government(s). The Accused 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 lead....
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....The Accused Mohd. Iqbal, Resident of District Saharanpur and Ex-Member, Uttar Pradesh Legislative Council (BSP MLC) is involved in the various criminal activities. The main allegations against Mohd. Iqbal are as follows: * Amassed disproportionate assets; * Incorporated a number of sham companies 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, gra....
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....amily members. The following criminal cases are registered against the Accused Iqbal are as follows: Sr. No. FIR/Crime No. Under Section Police Station District 1. 57 of 1990 379, 411 Indian Penal Code and Section 26 Forest Act Mirzapur Saharanpur 2. 53 of 1991 379, 411 Indian Penal Code and Section 4/10 Forest Act Chilkana Saharanpur 3. 217 of 1993 147, 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 A....
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....e other material evidence against the Petitioners and other Accused persons, which prima facie shows that the Petitioners ad other Accused persons have committed the serious offences. f) The Investigation has been completed and chargesheet is ready to file against the Petitioners but due to stay order dated 28.11.2022 of this Hon'ble Court, the chargesheet could not be submitted. SUBMISSIONS IN RESPECT OF DELAY a) The impugned first information report prima facie reveals commission of cognizable offences and which inspire confidence that it is clear from the contents of the FIR that serious crime was committed by the Petitioners and other Accused persons. b) The Dacoity is defined Under Section 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, wh....
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....eaking for the Constitution Bench pointed out in Krishna Ballabh Sahay v. Commission of Enquiry [AIR 1969 SC 258: (1969) 1 SCR 387, 393: 1969 Cri LJ 520]: The contention that the power cannot be exercised by the succeeding Ministry has been answered already by this Court in two cases. The earlier of the two has been referred to by the High Court already. The more recent case is P.V. Jagannath Rao v. State of Orissa [AIR 1969 SC 215: (1968) 3 SCR 789]. It hardly needs any authority to state that the inquiry will be ordered not by the Minister against himself but by someone else. Where a Ministry goes out of office, its successor may consider any glaring charges and may, if justified, order an inquiry. Otherwise, each Ministry will become a law unto itself and the corrupt 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 ....
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.... committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.-The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations (a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high road, shows 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 ta....
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....rying away or attempting to carry away property obtained by the theft. It is not sufficient that in the transaction of committing theft, hurt, etc., had been caused. If hurt, etc., is caused at the time of the commission of the theft but for an object other than the one referred to in Section 390, Indian Penal Code, theft would not amount to robbery. It is also not sufficient that hurt had been caused in the course of the same transaction as commission of the theft. 15. The three ingredients mentioned in Section 390, Indian Penal Code, must always be satisfied before theft can amount to robbery, and this has been explained in Bishambhar Nath v. Emperor, A.I.R. 1941 Oudh 476, in the following words: The words "for that end" in Section 390 clearly mean that the hurt caused by the offender must be with the express object of facilitating the committing of the theft, or must be caused while the offender 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 Madr....
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....e occurred at the house of the Appellant No. 2. It is the first informant and his brother who are said to have visited one fine day the house of the Appellant No. 2. At that point of time, the other co-Accused are also shown to be present. There is no good or plausible explanation coming from the first informant as to why he was carrying Rs. 2 Lakh in his pocket. The entire case put up by the first informant appears to be fabricated. Let us assume for the time being that the first informant was in fact carrying Rs. 2 Lakh in his pocket and at the time of alleged incident, the amount was forcibly taken away by the Accused persons, whether this taking away of Rs. 2 Lakh from the pocket of the first informant would fall within the ambit of the words "for that end" occurring in Section 390 of the Indian Penal Code. The answer is an emphatic "No". Even according to the first informant, the dispute was one relating to the agricultural 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 brot....
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....ing the execution of such threat, commits criminal intimidation. Explanation.-A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation. Section 504 reads thus: Section 504. Intentional insult with intent to provoke breach of the peace.-Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 506 reads thus: Section 506. Punishment for criminal intimidation. -Whoever commits, the offence of criminal intimidation shall be punished with imprisonment 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....
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....ge that is the test for considering whether the abusive language is an intentional insult likely to provoke the person insulted to commit a breach of the peace and not the particular conduct or temperament of the complainant. 26. Mere abuse, discourtesy, rudeness or insolence, may not amount to an intentional insult within the meaning of Section 504, Indian Penal Code if it does not have the necessary element of being likely to incite the person insulted to commit a breach of the peace of an offence and the other element of the Accused intending to provoke the person insulted to commit a breach of the peace or knowing that the person insulted is likely to commit a breach of the peace. Each case of abusive language shall have to be decided in the light of the facts and circumstances of that case and there cannot be a general proposition that no one commits an offence Under Section 504, Indian Penal Code if he merely uses abusive language against the complainant. In King Emperor v. Chunnibhai Dayabhai, (1902) 4 Bom LR 78, a Division Bench of the Bombay High Court pointed out that: To constitute an offence Under Section 504, Indian Penal Code it is sufficient if the insult....
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....t 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 there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a ....
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....ue of wreaking vengeance out of private or personal grudge as alleged. 31. 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 proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a compla....
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....er Rs. 2 Lakh from the possession of the Accused persons alleged to have been forcibly taken away from the pocket of the first informant. The FIR also talks about a document on which the first informant and his brother were forced to put their signatures. We wonder, whether the investigating agency was in a position to collect or recover any such document from the Accused persons containing their signatures in the course of the investigation, more particularly when the State says that the investigation is over and the charge sheet is also ready. In the absence of all this material, how is the State going to prove its case against the Accused persons. The FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon lodging of the FIR to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as names of the eye witnesses present at the scene of occurrence. 33. In the aforesaid context, we may clarify that delay ....