AHMED FARAAZ RAAZIversusState of UP AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 482 No. - 2068 of 2024

Ahmed Faraaz Raazi
                                                      .....Applicant(s)
                                Versus

State of U.P. and Another
                                                          .....Opposite
                                                                Party(s)

Counsel for Applicant(s)     : Imran Ullah, Vineet Vikram
Counsel for Opposite Party(s): Faizul Hasan, G.A., Mahboob
                               Ahmad Siddiqui

Court No. - 82
                     HON'BLE HARVIR SINGH, J.

1. Heard Sri Imran Ullah, learned Senior Counsel assisted by Sri
Vineet Vikram, learned counsel for the applicant, learned counsel
for the opposite party no.2, learned A.G.A. for the State and
perused the record.

2. The present application has been against the summoning order
dated 21.10.2021 passed by learned A.C.J.M., Court No.2,
Moradabad, by which applicant has been summoned under
Sections 452, 323 and 506 IPC in Complaint Case No.26001 of
2021 (Taiyyab Faizan Akbar Vs. Md. Atif Shamsi and Another),
Police Station Galshahid, District Moradabad.

3. Learned counsel for the applicant submitted that some business
transaction was going on between the parties, as certain
documents, such as a copy of invoice and other documents, have
been placed on record to substantiate the fact that the parties
are/were having some transaction between them. He further
submitted that, on account of certain dues, the applicant had
visited the house of the complainant to collect the outstanding dues
from the complainant. However, the complainant has framed the
applicant in a false case. He further submitted that, had there been
no outstanding dues against the complainant, the question of
visiting his house would not have arisen. He further submitted that
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the complainant has stated that he was sitting at his house along
with another witness, Haji Raees and Azeem, whereas PW-1,
namely Azeem, stated that Haji Raees was also sitting there. He
further submitted that initially PW-2, namely Haji Raees, did not
name another witness, namely Atif, but at a later stage stated that
Atif was also present. He further submitted, that the applicant and
co-accused were two persons, whereas the persons at the spot
were the complainant and two others. It is beyond imagination, that
two persons have beaten and assaulted three persons. No other
allegations have been levelled against the applicant. He further
submitted that some conversation/altercation had taken place
between the parties, for the reason that certain outstanding amount
was pending with the complainant and the applicant and co-
accused were well within their rights to receive the same, and
nothing happened beyond the conversation between the parties.
He further submitted that the nature of the dispute between the
parties is that of civil in nature, and either party is at liberty to seek
any appropriate civil remedy as provided under law. Learned
counsel for the applicant submitted that, on the one hand, the
complainant refused to clear the dues, on the other hand, has
falsely implicated the applicant and co-accused in order to escape
from the liability and dues upon him.

4. Learned counsel for the opposite party no.2., on the other hand,
submitted that the impugned summoning order dated 21.10.2021
has been passed on the basis of the correct facts and the incident,
as narrated by the complainant. He submitted that no interference
by this Court is warranted and, prayed that the present application
is devoid of merit, the same is liable to be dismissed.

5. Having considered the rival submissions advanced by learned
counsel for the parties and upon perusal of the record, it appears
that some conversation would have taken place between the
parties, but the facts have been exaggerated and there is no
medical injury at all, of any nature whatsoever. It also appears that
two persons have allegedly assaulted three persons at the
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                                    residence of the complainant, whereas the complainant was in a
                                    better position, as the complainant and two other persons were
                                    reported to be sitting at the house of the complainant, whereas the
                                    accused persons were only two being visitors, and, therefore, it
                                    appears doubtful that two persons have assaulted three persons
                                    without any weapon with them, as no weapon of any nature
                                    whatsoever has been stated to be in the hands of the accused
                                    applicant and co-accused. If the applicant and co-accused were
                                    having any intention to forcibly assault the complainant side, the
                                    applicant and co-accused would have arrived at the residence of
                                    the complainant with certain weapons of any nature whatsoever,
                                    but it was only to receive the outstanding amount due upon the
                                    complainant and nothing more.

                                    6. Under such circumstances, incident appears to be a fabricated
                                    event not more than any conversation between the parties and,
                                    therefore, summoning order dated 21.10.2021 passed by learned
                                    A.C.J.M., Court No.2, Moradabad, in Complaint Case No.26001 of
                                    2021 (Taiyyab Faizan Akbar Vs. Md. Atif Shamsi and Another),
                                        under Sections 452, 323 and 506 IPC, Police Station Galshahid,
                                    District Moradabad. as well as the entire proceedings arising
                                    therefrom, are liable to be quashed and set aside, hence, are
                                    hereby quashed.

                                    7. Accordingly, the present application U/s 482 Cr.P.C. is allowed.



                                    September 10, 2026
                                    Mini

                                                                                      (Harvir Singh,J.)




Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad