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2023 Supreme(SC) 691

SUPREME COURT OF INDIA
B.R. GAVAI, J.B. PARDIWALA, JJ.
Mahmood Ali & Ors. – Appellant
Versus
State Of U.P. & Ors. – Respondents
Criminal Appeal No. 2341 of 2023 (Arising out of S.L.P. (Criminal) No. 12459 of 2022)
Decided on : 08-08-2023

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.

IMPORTANT POINTS
(1) Registration of multiple FIRs assumes importance, thereby attracting issue of wreaking vengeance out of private or personal grudge.
(2) Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution need not restrict itself only to stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as materials collected in course of investigation.

Headnote:

Indian Penal Code, 1860 – Sections 420, 467, 468, 471, 342, 386, 504 and 506 – Constitution of India – Article 226 – Cheating, extortion, forgery, wrongful restraint, insult and criminal intimidation – Quashing of FIR – FIR came to be lodged after a period of 14 years from alleged incident – Even if entire case of prosecution is believed or accepted to be true, none of ingredients to constitute offence as alleged are disclosed – Entire case put up by first informant on face of it appears to be concocted and fabricated – In FIR no specific date or time of alleged offences has been disclosed – Registration of multiple FIRs assumes importance, thereby attracting issue of wreaking vengeance out of private or personal grudge as alleged – Impugned order passed by High Court set aside and criminal proceedings quashed. (Paras 10, 11, 12 and 14)

(B) Criminal Procedure Code, 1973 – Section 482 – Constitution of India – Article 226 – Quashing of criminal proceeding – Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution need not restrict itself only to stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as materials collected in course of investigation – It will not be just enough for Court to look into averments made in FIR/complaint alone for the purpose of ascertaining whether necessary ingredients to constitute alleged offence are disclosed or not – In frivolous or vexatious proceedings, Court owes a duty to look into many other attending circumstances emerging from record of case over and above averments and, if need be, with due care and circumspection try to read in between lines. (Para 12)

Facts of the case:

Present appeal is at the instance of original accused persons of FIR registered with Mirzapur Police Station, District Saharanpur, State of U.P. dated 04.06.2022 for offences punishable under Sections 420, 467, 468, 471, 342, 386, 504 and 506 of IPC and is directed against the order passed by High Court of Judicature at Allahabad dated 08.07.2022 in the Criminal Miscellaneous Writ Petition No. 7335 of 2022 by which High Court rejected Writ Petition and thereby declined to quash FIR.

Findings of Court:

Impugned order passed by the High Court of Judicature at Allahabad is hereby set aside. Criminal proceedings arising from FIR No. 127 of 2022 dated 04.06.2022 registered at Police Station Mirzapur, Saharanpur, State of U.P. are hereby quashed.

Result : Appeal allowed.

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 mining offices and stone crushers at the local level. Taking advantage of the unemployment and helplessness of the applicant, Mohammad Wajid s/o Iqbal obtained his signature on some papers on 1.8.2008 and after that he kept on making the applicant sign other papers and blank cheques. The applicant kept signing those papers so as to save his job and out of fear, because he refused to sign, he would have been threatened with removal from the job and harassed by implicating him in some false case. Mohammad Iqbal used to threaten the applicant repeatedly that if he would not listen to him, he would send him to jail and would also get his family finished. Due to this fear, the applicant remained silent for so many years and continued to lead the life of slavery. Thereafter the applicant came in contact with those who are sharing the evil deeds of Mohammad Iqbal with the Hon’ble Supreme Court and Central agencies. I was fraudulently appointed as a Director in the company by Mohammad Iqbal and Mohammad Wajid s/o Iqbal. When I came to know about the fake appointment, I resigned from that company on 22 March 2017. I was appointed as a Director by fraudulently obtaining my signature on papers without my consent, whereas I was not even aware at that time as to what is a Director or a company and why my signature is being obtained? I left the job in 2017 as I was not even paid salary for 2 years after 2015. I along with those who were exposing their misdeeds have brought many of their misdeeds to the notice of central agencies. The above persons are so clever fraudsters that they have filed a bogus Writ Criminal (Miscellaneous) Petition No.2342 of 2019 in the Hon’ble High Court Allahabad in the name of the applicant. When I came to know about this, I appeared before the Hon’ble Judge in the Hon’ble High Court, Allahabad made him aware of the truth that at present I do not work with the aforesaid persons and in the past also I have worked in his mining lease office only and never did a job in their University. A copy of the order of the Hon’ble Court is enclosed. It has also come to my notice that the misdeeds of Mohammad Iqbal are being investigated by the Special Investigation Team (SIT). I want to cooperate in the investigation going on against them so that the misdeeds of the above persons can be exposed. I have seen the terrible forms of the above persons for many years and have suffered their wrath. I was forced to work in their office by being held as a hostage and being threatened to be killed by Mohammad Iqbal alias Bala s/o Abdul Waheed and his sons by showing fear of life. These persons did not even pay the salary to me for 2 years. When I asked for my salary, Mohammad Iqbal alias Bala and his sons and brother put a pistol (Tamancha) on my temporal reg

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