Subsequent suit may be true or may be false as the previous enmity is the double edged weapon either to cause an offence or to falsely implicated the previous informant and his family member.

Headnote:
Fact of the Case:

The applicants were accused in a complaint filed by Mohd. Islam. The applicants claimed that the complaint was a false and fabricated counter blast case to counter the N.C.R. lodged by them earlier.
Finding of the Court:

The court found that it could not be said at this stage that the alleged offense in the complaint was a counter blast and that the applicants had been falsely implicated on account of the previously lodged N.C.R.
Issues: Whether the complaint was a false and fabricated counter blast case to counter the N.C.R. lodged by the applicants earlier.
Ratio Decidendi: The court held that subsequent suit may be true or may be false as the previous enmity is the double edged weapon either to cause an offence or to falsely implicated the previous informant and his family member.
Final Decision: The court directed that if the applicants move bail application before the court below, the same shall be considered on merit without being prejudiced to the order of this Court, within a period of 45 days from the date of production of certified copy of this order before the Court below.

Court No. - 72

Case :- APPLICATION U/S 482 No. - 33306 of 2022

Applicant :- Abbas Ali And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Sunil Kumar Upadhyay

Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the applicants and learned A.G.A.

and perused the record.

The only ground appears to be that the applicant with earlier

N.C.R. No. 160 of 2021 in P.S. Swar, District Rampur had been

lodged by Mohd. Islam on 25.05.2021 and the present

complaint is false and fabricated counter blast case to counter

the N.C.R.

At this stage, it cannot be said that the alleged offense in the

complaint is counter blast and on account of previously lodged

N.C.R., the applicants have been falsely implicated. In such

situation subsequent suit may be true or may be false as the

previous enmity is the double edged weapon either to cause an

offence or to falsely implicated the previous informant and his

family member. During the course of argument, learned counsel

prayed for a direction to reside the bail application within a

month, leaving the prayer of quashment of the impugned

judgement and order dated 08.09.2022 passed by A.S.J. Court

No. 1, Rampur and order dated 22.03.2022 passed by learned

learned learned A.C.J.M.

In view of the above, it is provided that if the applicants move

bail application before the court below, the same shall be

considered on merit without being prejudiced to the order of

this Court, within a period of 45 days from the date of

production of certified copy of this order before the Court

below.

The application is finally disposed of.

Order Date :- 9.1.2023

Arpan

Digitally signed by :-

ARPAN

High Court of Judicature at Allahabad