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TMI Blog2023 (8) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely - The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. The impugned order passed by the High Court of Judicature at Allahabad is hereby set aside - Appeal allowed. - HON'BLE MR. JUSTICE J.B. PARDIWALA AND HON'BLE MR. JUSTICE S.V.N. BHATTI For the Petitioner : Mr. Siddhartha Dave, Sr. Adv., Mr. Mohd. Zahid Hussain, AOR, Ms. Jemtiben Ao, Adv., Mr. Anupam Mishra, Adv., Mr. Utsav, Adv. For the Respondent : Ms. Garima Prasad, AAG, Sr. Adv.,Mr. Vishwa Pal Singh, AOR, Mr. Ashish Pandey, Adv., Mr. Prateek Rai, Adv., Mr. Ashutosh Bhardwaj, Adv., Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant No. 2 kept on compelling the first informant to sign other papers and bank cheques without the consent of the first informant and without bringing anything to the notice of the first informant in regard to the cheques, blank papers, etc. It is also alleged that the first informant was fraudulently appointed as a Director of a Company by the appellant 3 Mohd. Iqbal and the appellant No. 2 Abdul Wajid. Upon coming to know about the said fake appointment, the first informant resigned from the Company on 22.03.2017. It is further alleged that a Writ Criminal (Misc) Petition No. 2342 of 2019 was also filed before the High Court in the name of the first informant. The first informant was also allegedly forced to work in the office of the accused persons virtually as a hostage, and threats were administered to kill him. It is alleged that the accused persons are involved in illegal mining, etc. and are exploiting poor persons. 5. The appellants herein went before the High Court by filing Criminal Miscellaneous Writ Petition No. 7335 of 2022 for the purpose of getting the FIR quashed. The High Court declined to quash the FIR by way of an order dated 08.07.2022 which reads thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l not preclude the petitioners from seeking appropriate protection under the Code of Criminal Procedure, which shall be dealt with on its own merit and in accordance with law. 6. In view of the aforesaid, the appellants are before this Court with the present appeal. SUBMISSIONS ON BEHALF OF THE APPELLANTS 7. Mr. Siddhartha Dave, the learned senior counsel appearing for the appellants herein in his written submissions has stated as under:- (a) The allegations in the First Information Report are not only absurd but also highly improbable given that the said incident allegedly occurred in the year 2008 while the FIR has been lodged after an inordinate delay of 14 years, that is, on 4.06.2022, which has not been explained. (b) It is respectfully submitted that the alleged First Information Report is absolutely false and frivolous, and on a reading of the said FIR, the offence under Sections 420, 467, 468, 471, 342, 386, 504 and 506 of IPC is clearly not made out against the Petitioners. Although the Complainant has alleged that upon coming to know about his fraudulent appointment as a Director of a Company, he resigned from the Company way back in the year 2017 bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Iqbal alias Bala as he belongs to a rival political party and he was also a Member of Legislative Council from the period 2011 to 2016. The Petitioner belongs to a respectable family of Saharanpur and he is running several Charitable Institutions. (g) The allegations made in the First Information Report do not prima facie constitute any offence or make out a case under Sections 420, 467, 468, 471, 342, 386, 504, 506 of IPC against the Petitioners and thus, the FIR is liable to be quashed. It is pertinent to mention that even after the charge sheet has been filed, the petition for quashing of a FIR is well within the powers of a Court of law [Please see: ANAND KUMAR MOHATTA ANOTHER VS. STATE (NCT OF DELHI), DEPARTMENT OF HOME ANOTHER (2019) 11 SCC 706 at paragraph 14 16]. (h) For the reasons mentioned above, the Special Leave Petition may be allowed and the order of the Hon ble High Court refusing to quash the FIR No. 127 of 2022 dated 4.06.2022 be set aside. SUBMISSIONS ON BEHALF OF THE STATE 8. Ms. Garima Prasad, the learned Additional Advocate General appearing for the State of U.P. in her written submissions has stated as under:- (a) The Investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facie reveals commission of cognizable offences and which inspire confidence that it is clear from the contents of the FIR that serious crime was committed by the Petitioner and other accused persons. (i) In view of the aforementioned factual legal submissions, it is most respectfully submitted that the present special leave petition of the Petitioners is liable to be dismissed with exemplary cost and the impugned order dated 08.07.2022 passed by the Hon ble High Court in Criminal Misc. Writ Petition No. 7335 of 2022 is liable to be upheld. ANALYSIS 9. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration is whether the FIR bearing No. 127 of 2022 should be quashed? 10. We are of the view that even if the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence as alleged are disclosed. It is pertinent to note that the FIR in question came to be lodged after a period of 14 years from the alleged illegal acts of the appellants. It is also pertinent to note that in the FIR no specific date or time of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ething important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6) (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; (ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. 7. In dealing with the last category, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial Judge. Judicial process, no doubt should not be an instrument of oppression, or, needless harassment. Court should be circumspe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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