RIZWAN HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri Nripendra Chaturvedi learned Counsel for the applicant, learned A. G. A. and Sri Raja Singh learned Counsel for the complainant.

(2.) FROM the perusal of the record it reveals that in the present case the F. I. R. was lodged by Zabbar Hussain in case crime No. 87 of 2005 under Section 406 I. P. C. at police station Shikohabad, District Firozabad on 7-3-2005 at 11. 00 p. m. with the allegation that the amount of 25 lac was entrusted to the applicant by first Informant in the presence of Sri Saurabh Verma, and Shree Ram Gupta. The above mentioned amount was entrusted because that amount was collected for the purchase of land. The aforesaid amount was given in the presence of co-accused Raja Hussain and Smt Sajjadi Begum, but that amount was not refunded by the applicant. The demand of return of above money was ultimately refused by the applicant and other co-accused persons on 24-2-2005 at 9. 00 a. m. It is contended that the applicant and other co-accused persons dishonestly usurped the money of the first informant. It is contended by the learned Counsel for the applicant that in the F. I. R. no time of entrusting the aforesaid money to the applicant has been mentioned. It is further contended that the allegation of entrusting that money is absolutely false and baseless. The present F. I. R. has been lodged due to ill will of the first informant, because the relations between the applicant and the first informant were restrained on the issue of making construction over the land of graveyard.