Uttarakhand High Court
Mohd. Yameen vs State Of Uttarakhand And Others on 6 November, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Crl.) No. 1213 of 2024
Mohd. Yameen
And Others ....Petitioners
Versus
State of Uttarakhand and others .....Respondents
Present:- Mr. Arvind Kumar Sharma, Advocate for the petitioners.
2. Mr. Bhaskar Chandra Joshi, A.G.A. for the State.
3. Mr. Gopal K. Verma, Advocate for respondent no.
4.
Hon'ble Pankaj Purohit, J.
Heard learned counsel for the parties.
2. By means of the present writ petition, the
petitioners have impugned the FIR No. 0343 of 2024
dated 25.10.2024 under Sections 120-B, 420, 467, 468,
471 and 506 IPC registered with Police Station Nehru
Colony, District Dehradun.
3. It is contended by the learned counsel for the
petitioners that petitioner no. 1 Mohd. Yameen Ali is the
Co-Chairman of the society named as Audhyogik Evam
Shaikshnik Sansthan, a society registered under the
Societies Registration Act, 1860. It is contended by
learned counsel for the petitioners that a first
information report is lodged against the petitioner no. 1
and his family members alongwith other petitioners
total 19, only to pressurize the petitioners not to
interfere in the working of the aforesaid society. It is
further contended by the learned counsel for the
petitioners that a writ petition of the petitioner no. 1
being WPMS No. 2308 of 2024 has been dismissed by
the coordinate bench of this Court vide order dated
09.09.2024, against which Special Appeal No. 310 of
2024 is pending and therefore in order to exert pressure
upon the petitioners, the first information report has
been lodged.
4. Per-contra, learned counsel appearing for
respondent no. 4 submits that the long litigation was
pending between the parties since 2012. He supplied to
the court a compilation of the judgment passed in
various writ petitions, special appeals and civil appeals,
wherefrom, it is reflected that Yameen Ali and his family
members are not even the members of the aforesaid
society and in order to grab the property of the society,
are using the seal and name of the society. The
judgments passed in matters between the parties
referred by the learned counsel for the respondent no. 4
are quoted hereinbelow:-
"1. Judgment and order dated 20.05.2019 passed in WPMS
No. 2101 of 2012, Smt. Naida Akhtar and Others Vs. State
of Uttarakhand and Others.
2. Judgment and order dated 26.07.2019 passed in SPA
No. 707 of 2019, Smt. Naida Akhtar and Others Vs. State
of Uttarakhand and Others.
3. Intervention rejection order dated 04.07.2022 passed in
FA No. 244 of 2019, Audyogik Avam Shaikshanik Sansthan
Vs. Collector Special Land Acquisition Officer Dehradun and
Others.
4. Judgment and order dated 15.07.2020 passed in WPMS
No. 729 of 2020, Audhyogik Evam Shaikshanik Sansthan
Vs. State of Uttarakhand and Others.
5. Judgment and order dated 20.06.2022 passed in SPA
No. 174 of 2020, Audhyogik Evam Shaikshanik Sansthan
Vs. State of Uttarakhand and Others.
6. Judgment and order dated 09.09.2024 passed in WPMS
No. 2308 of 2024, Mohd. Yamin Vs. State of Uttarakhand
and Others.
5. Having perused the FIR as well as the judgment
referred by the learned counsel for the petitioner, this
Court is of the view that a prima-facie case is made out
against the petitioner. The cognizable offence is made
out against them, therefore, there is no occasion to
entertain the matter and the FIR cannot be quashed
only on this ground.
6. Accordingly, the writ petition is dismissed.
(Pankaj Purohit, J.)
06.11.2024
Ujjwal
