MUDASSIR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.

(2.) According to the prosecution case, one Umar Shaukat is Director (Marketing) and is a trader of Mobile Laptop Software. In view of his business he was having talks on mobile nos.7835868939, 9123396015 and 8276879283. However, the persons who were talking to him disclosed their names as Manish and Amit. On 25.01.2018 at Sector 72 Amit along with three persons namely Guddu, Vicky and Ramesh came and they started discussion about the deal of laptop software accessories. The deal was finalized for Rs.40 lacs and as such he gave Rs.2 lacs cash immediately on the said date with an assurance to give the rest money in three days. However, when the said software was checked by the informant, it was found to be invalid and thereafter when he objected the same, the accused persons said him to come to Noida and they will brief him about the software, at the same time he also asked to bring the rest amount. It is alleged that on 05.02018 at 5.30 p.m., he along with his friend Saroj went to Sector 72 and met the accused persons in B-Block. It is alleged that the accused persons snatched the software and also Rs.38 lacs which he was carrying. Thereafter the accused persons fled away from the place of incident threatening him with dire consequences, if the said incident will be reported by him.

(3.) Learned counsel for the applicant contended that the applicant has falsely been implicated in this case. He is innocent person. He has not committed any offence as alleged in the F.I.R. He has neither given any software to the informant nor has any dealing about the same. However, the allegation of snatching of the amount, as alleged in the F.I.R. is wholly false. He further submitted that entire prosecution version is doubtful from the fact itself that there is no software which has a value of Rs.40 lacs. The popular and latest software like Windows X pro is easily available in the market for Rs.10,000/- and as such the allegation as contained in the F.I.R. suffers from absurdity inasmuch as the value of the software as alleged in the F.I.R. is beyond imagination.