HAJI IQBAL @ BALA vs STATE OF U.P. & ORS. - 2023 Supreme(Online)(SC) 18494

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(SC) 18494

J.B. PARDIWALA, B.R. GAVAI, JJ
HAJI IQBAL @ BALA – Appellant
Versus
STATE OF U.P. & ORS. – Respondent

Advocates:
For the Appellants/Petitioners: S.P.O.A
For the Respondents: Sri Indra Bhan Yadav, Sri Ankit Srivastava, learned A.G.A Garima Prasad

Table of Content
1. complaint involves construction contract dispute with allegations of threats and theft. (Para 2 , 3 , 4)
2. fir filed after significant delay raises doubts on credibility. (Para 5 , 6)
3. court identifies procedural misuse, validating quashing of fir. (Para 9 , 10 , 11 , 12)

JUDGEMENT

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 Digitally signed by Charanjeet Kaur Date: 2023.08.08 15:45:15 IST Reason:

Signature Not Verified 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

Click Here to Read the rest of this document

2023 Supreme(Online)(SC) 18494

J.B. PARDIWALA, B.R. GAVAI, JJHAJI IQBAL @ BALA – AppellantVersusSTATE OF U.P. & ORS. – Respondent

Cases Referred (1)

J.B. PARDIWALA, B.R. GAVAI, JJ
HAJI IQBAL @ BALA – Appellant
Versus
STATE OF U.P. & ORS. – Respondent