Allahabad High Court
Mahmood Ali And 2 Others vs State Of U.P. And 2 Others on 8 July, 2022
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7335 of 2022 Petitioner :- Mahmood Ali And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Bhan Yadav,Sudhir Kumar Agarwal Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioners and learned AGA for the State.
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.
The First Information Report is by the informant, who claims to be an illiterate person and was in the employment of accused petitioners from 1.8.2008. It is alleged that in order to protect his employment the informant was made to sign on dotted lines and without his knowledge he was also shown/made Director of a company. It is alleged that the accused petitioners are involved in illegal mining etc. and are exploiting poor persons. It is also stated that a petition was also filed at the instance of informant without his knowledge. 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.
Learned AGA points out that the third petitioner has a criminal history of 21 cases lodged by the State and 09 complaint cases, whereas the second petitioner has a criminal history of 14 cases and the first petitioner has a criminal history of 09 cases.
Learned counsel for the petitioners with reference to the supplementary affidavit filed states that in most of these cases appropriate protection has already been granted by the competent authority.
Be that as it may, this Court is not required to make any observation with regard to correctness or otherwise of the FIR allegations. The ascertainment of facts in respect of the FIR would be open for examination at the stage of investigation. 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. Habib Abdullah Jellani, (2017) 2 SCC 779, as also in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315.
Writ petition, accordingly, is dismissed.
Dismissal of this writ petition, however, will not preclude the petitioners from seeking appropriate protection under the Code of Criminal Procedure, which shall be dealt with on its own merit and in accordance with law.
Order Date :- 8.7.2022 Anil