HIMANSHU JAIN Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking the following reliefs:

(2.) On 03.05.2017, an F.I.R. was lodged by respondent no. 3 at P.S. Ranipur, District Haridwar against the petitioner, alleging therein that, since he is a Collection Amin of Bahadrabad, Tehsil & District Haridwar, he went to the firm of the petitioner in order to serve a citation with regard to the Value Added Tax. It is stated in the F.I.R. that, as soon as he entered in the factory premises of the petitioner, he was beaten by the petitioner and further abused and criminally intimidated.

(3.) Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the matter. He submitted that the industrial plot was purchased by the petitioner in the year 1984 and the factory was established in the year 1989; but, subsequently, in the year 1992, petitioner suffered heavy loss. He further submitted that the recovery is not against the petitioner for the loan taken by him and, in fact, Value Added Tax of Rs. 1,05,000/- under the Value Added Tax Act was imposed upon the petitioner. Petitioner availed legal remedy against the same and, due to interest, the same has not reached to Rs. 6,83,165/-. It is contended that, on the day, when respondent no. 3 came to the factory, he not only misbehaved with the parents of the petitioner; but, also snatched two keys of the rooms of the factory. It is further contended that petitioner requested him that sum of Rs. 6,83,165/- will be paid by him, inasmuch as, he is trying to sell his property and the estimated value of the said property is about Rs. 60,00,000/-. He submitted that the allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore, protection should be granted to the petitioner.