Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1439 of 2019 Petitioner :- Shahnawaz And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sanjay Kumar Sharma for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 3.10.2018 (registered as Case Crime No. 278 of 2018), u/s 420, 406, 467, 468, 471 I.P.C., P.S. Kanth, district Moradabad.
In substance, allegation made in the F.I.R. is that in January 2018, Shahnawaz, petitioner-1, met the informant and introduced himself as an agent of Global Manpower Travels, Delhi, a company engaged in sending people to foreign countries. Shahnawaz and his father Nooruzzaman, informed that for that purpose, total expenditure is Rs. 4,50,000/-. The informant gave Rs. 1,50,000/- to Shahnawaz on 10.1.2018. Thereafter, Shahnawaz took him to New Delhi, where he met with Rehman and Haider, the alleged proprietors of Global Manpower Travels, Delhi. Thereafter, Shahnawaz, his brother, father and other accused, assured him that his Visa will be available soon and later on, they gave a Visa and agreement with the Embassy, which were forged and fabricated papers and thereafter, they also took some money from him and total Rs. 2 lakhs has been grabbed by them. When the money was demanded from them, then it was refused.
Counsel for the petitioners submits that the informant Mukarram Ali filed an application u/s 156(3) Cr.P.C on 2.9.2018, in which he has stated that he gave Rs. 1 lakh to Haider and Rehman, the alleged proprietors of Global Manpower Travels, Delhi, for sending him to Kuwait, but he was neither sent to Kuwait, nor his money was returned. Now, in the F.I.R., a totally different story has been put up. It appears that the informant used to lodge false F.I.R.s against people.
In the facts of the case, the writ petition is disposed of with direction that the petitioners shall not be arrested in pursuance of F.I.R. dated 3.10.2018 (registered as Case Crime No. 278 of 2018), u/s 420, 406, 467, 468, 471 I.P.C., P.S. Kanth, district Moradabad, till the submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
Order Date :- 22.1.2019 Jaideep/-