Haji Iqbal @ Bala vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 695

B. R. GAVAI, J. B. PARDIWALA
Haji Iqbal @ Bala – 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. Ms. Aarushi Singh, Adv. Mr. Utsav, Adv. Mr. Prastut Dalvi, Adv. Ms. Vidhi Thaker, Adv.
For the Respondent(s): Ms. Garima Prasad, Sr. Adv., A.A.G. Mr. Brijendra Chahar, Sr. Adv. Mr. Vishwa Pal Singh, AOR Mrs. Shweta Yadav, Adv. Mr. Mohd. Alim Khan, Adv. Mr. Ashish Pandey, Adv. Mr. Prateek Rai, Adv. Mr. Ashutosh Bhardwaj, Adv. Mr. Shashank Gusain, Adv. Mr. Shubham Saxena, Adv. Mr. Akash, Adv.

JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal is at the instance of one of the accused persons of the First Information Report (FIR) No. 0007 of 2023 registered on 10.01.2023 at the Mirzapur Police Station, District Saharanpur, State of U.P. and is directed against the order passed by the High Court of Judicature at Allahabad dated 30.01.2023 in the Criminal Miscellaneous Writ Petition No. 982 of 2023 filed by the appellant herein by which the High Court rejected the Writ Petition and thereby declined to quash the FIR for the offences punishable under Sections 395, 386, 365, 342 and 506 resply of the Indian Penal Code (IPC).

3. Respondent No. 3 herein is the original first informant. He lodged the FIR in question which reads as thus:

“The complainant is a contractor. In the year 2012, his firm by name V.S. Contractor received contracts for the construction work of a school building in Glocal University for Rs. 4.80 crore, a corporate office for Rs. 40 lakh and a girls’ hostel for Rs. 14 lakh. The work order was issued by the owner of the Glocal University viz. Mohd. Haji Iqbal alias Bala S/o Abdul Wahid R/o Mirzapur. All the agreements were signed by the then Manager Sa

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2023 Supreme(SC) 695

B. R. GAVAI, J. B. PARDIWALAHaji Iqbal @ Bala – AppellantVersusState of U. P. – Respondent

Cases Referred (2)

B. R. GAVAI, J. B. PARDIWALA
Haji Iqbal @ Bala – Appellant
Versus
State of U. P. – Respondent