Mahmood Ali vs State Of U. P. - 2023 Supreme(SC) 691

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 691

B. R. GAVAI, J. B. PARDIWALA
Mahmood Ali – Appellant
Versus
State Of U. P. – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Siddhartha Dave, Sr. Adv. Mr. Mohd. Zahid Hussain, AOR Ms. Jemtiben Ao, Adv. Mr. Anupam Mishra, Adv. Mr. Utsav, Adv.
For the Respondent(s): Ms. Garima Prasad, AAG, Sr. Adv. Mr. Vishwa Pal Singh, AOR Mr. Ashish Pandey, Adv. Mr. Prateek Rai, Adv. Mr. Ashutosh Bhardwaj, Adv. Mr. Shashank Gusain, Adv. Mr. Shubham Saxena, Adv. Mr. Akash, Adv. Mr. Aviral Saxena, Adv. Mr. Nitin Narang, Adv.

JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal is at the instance of the original accused persons of the First Information Report (FIR) No. 127 of 2022 registered with the Mirzapur Police Station, District Saharanpur, State of U.P. dated 04.06.2022 for the offences punishable under Sections 420, 467, 468, 471, 342, 386, 504 and 506 resply of the Indian Penal Code (IPC) and is directed against the order passed by the High Court of Judicature at Allahabad dated 08.07.2022 in the Criminal Miscellaneous Writ Petition No. 7335 of 2022 by which the High Court rejected the Writ Petition and thereby declined to quash the said FIR for the offences enumerated above.

3. 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. Mining industry is the main source of employment in the Behat area of Saharanpur district. The educated youth of the area earn their livelihood by working in the offices of sone crushers and mining lease holders established in the area due to unemployment. In this way, thousands of people earn their livelihood by working in

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2023 Supreme(SC) 691

B. R. GAVAI, J. B. PARDIWALAMahmood Ali – AppellantVersusState Of U. P. – Respondent

Cases Referred (2)

B. R. GAVAI, J. B. PARDIWALA
Mahmood Ali – Appellant
Versus
State Of U. P. – Respondent