IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

(DISTRICT : AHMEDABAD)

Misc. Criminal Application No. of 2015

In

Criminal Misc. Application No. 6692 of 2015

Mohammad Markur Ullakhan,

Age - 45 years, Occupation - Property Broker,
Resident At 403, Prime Center,
Old Jansatta Press, Mirzapur,
Ahmadabad, …Applicant
(Orig. Respondent No.2)
Vs.

1. The State of Gujarat

(To be served through

APP, Gujarat High Court,

Sola, Ahmadabad.)

2. Atik Ujma @ Jahangir Mulla,

Residing at 778/2010,

Motilal Hiralal Chawl,

Behing G P O,

Ahmedabad …Respondents

(Res. No. 2 -Ori. Petitioner)

AN APPLICATION FOR VACATING

INTERIM RELIEF

To,
The Honorable the Chief Justice and the
Other Honorable Judges of the High Court
of Gujarat at Ahmadabad.
 The humble petition of the
petitioner above named;

MOST RESPECTFULLY SHEWETH THAT:

1. The applicant most respectfully submits that the

respondent no. 2 has filed the above captioned

criminal miscellaneous application for quashing of the

FIR being I CR NO. 54/2015 registered with Ellis

Bsridge Police Station for the offences punishable u/s.

387, 506 (2) of I.P.C. read with section 25(1)(b)(a) of

the Arms Act and under section 135 of the Gujarat

Police Act. I say that this Honorable Court has issued

notice and stayed the police investigation. I further

say that the notice was made returnable on

09.07.2015, but there after the matter was not heard

by one or another reasons and the stay on

investigation has remained continued; therefore the

applicant has been constrained to prefer the present

application for vacating interim relief. A copy of the

FIR and the order dated 15.04.2015 is annexed herein

and marked as “Annexure - A” collectively to this

application.

2. I say that the accused, the respondent no. 2 herein, is

very hardcore criminal and there are four offences of

murder registered against the accused; the first is

with Sabarmati Police Station, second with Gayakwad

Haveli Police Station, third with Shahpur Police Station

and fourth with Vejalpur Police Station. I further say

 that there are three offences of kidnapping which are

registered against the accused one at Vatva Police

Station, second with Vejalpur police station and third

with Shahibaugh Police Station apart from above

offences there are other offences also which are

registered against the accused.

3. I say that the following offences including above are

also registered against the petitioner which shows the

recent conduct and criminal history of the applicant.

(1) I CR No. 107/1992 registered at Vejalpur Police

Station for the offences punishable under sections

302, 34 of IPC and 135 of B P Act.

(2) I CR No. 284/1993 registered at Shahpur Police

Station for the offences punishable under sections

307, 365, 342 of IPC and u/s 25(1)(b) of the Arms

Act – he has been convicted for seven years.

(3) I CR No. 165/1993 registered at Sabarmati

Police Station for the offences punishable u/ss. 302,

464, 34 of IPC and u/s 25(1)(b) of the Arms Act.

(4) I CR No. 116/1993 registered at Gayekwad

Haweli Police Station for the offences punishable

u/ss. 302, 397 of IPC and u/s 25(1)(b) of the Arms

Act.

(5) I CR No. 157/1993 registered with Karanj Police

Station for the offences punishable u/s 307 of IPC.

(6) I CR No. 163/1993 registered with Kalupur Police

Station for the offences punishable u/s 307, 326,

324 of IPC.

(7) I CR No. 92/1994 registered with Vatva Police

Station for the offences punishable u/s 395, 120-B

of IPC and u/s 25(1)(b) of the Arms Act.

(8) I CR No. 28/1994 registered with Vejalpur Police

Station for the offences punishable u/ss. 365, 395

of IPC and u/s 25(1)(b) of the Arms Act.

(9) II CR No. 3129/2002 registered with Karanj

Police Station for the offences punishable u/ss

506(2), 294(b) of IPC – he is acquitted on the basis

of settlement.

(10) II CR No. 3164/2010 registered at Vejalpur

Police Station for the offences punishable under

sections 394, 294-B, 506(2), 427, 114 of IPC

(11) I CR No. 83/2013 registered with Karanj Police

Station, for the offences punishable under section

325, 324, 342, 506(2), 114 of IPC and 135 of BP

Act.

(12) I CR NO. 265/2013 with Karanj Police Station for

the offences punishable under section 326, 114,

264-B of IPC and u/s 135 of B P Act.

(13) I CR No. 3142/2014 with Karanj Police Station

for the offences punishable under sections 294-B,

506(2), 114 of IPC.

4. These are the list of criminal cases which the

petitioner could get by way of RTI applications and

there are other offences also against him which the

authority can produce the entire list. The above list of

offences clearly shows that all the offences are against

human body, kidnapping or under Arms Act. It further

shows that multiple occasion he has been found with

illegal arms in his possession. The copies of certain

FIRs are annexed herein and marked as “Annexure –

B” collectively to this application.

5. I say that the applicant accused used to extort money

from the local businessmen by administering serious

life threat to them but no one had courage to come

before the police and lodge the complaint against the

accused person and hence he has been externed by

the authority vide an order dated 16.07.2014 passed

by the Assistant Commissioner of Police, Ahmadabad

Police, Zone – 6. I further say that at time of

commission of offence the applicant was illegally

present in the city of Ahmadabad despite the fact he

had been externed from Ahmadabad City, Ahmadabad

Rural, Gandhinagar, Kheda and Mehsana District. A

copy of externment order dated 16.07.2014 passed by

the Assistant Commissioner of Police, Ahmadabad

Police, Zone – 6 is annexed herein and marked as

“Annexure – C” to this petition.

6. That on 19.03.2015, the petitioner was given two

armed Constables who were serving in three shifts

and for such protection the petitioner has paid the bill

for such protection of Rs. 1,80,000/-. The copies of

such receipts dated 23.03.2015, 01.04.2015,

07.04.2015 & 14.05.2015 are annexed herein and

marked as “Annexure – D” collectively to this

petition.

7. I further submits that the accused has used knife and

fire arm while committing the offence which are yet to

recover from the accused and therefore also there is

need to investigate the offence as expeditiously as

possible and hence the stay against investigation may

kindly be vacated in the interest of justice. I further

say that on complete false ground the quashing

application is filed and by misguiding this Honorable

Court, the order of stay has been obtained by the

accused.

8. That, the accused person in order to pressurize the

petitioner and his family members still used to sit

just opposite to the flat of the petitioner and glare

at the flat of the petitioner. It is submitted that the

petitioner was not having even such courage to

come out and protest against him as he always

surrounded by 12 to 15 gang members. It is further

submitted that the petitioner informed this fact to

the police authority vide a complaint dated

 24.07.2015 but till today the police did not take any

action against such hardcore criminal. It is

submitted that the place where he used to sit in

front of the flat of petitioner, there are CCTV

cameras installed, the petitioner requested the

police to examine the footage of the said CCTV

cameras to confirm its presence in the city despite

this the police did not investigate such serious and

glaring things. With folded hand the petitioner

submits that the presence for the petitioner is

completely hostile and he sees no help from any of

the authority. A copy of the complaint dated

24.07.2015 is annexed herein and marked as

“Annexure - E” to this petition.

9. Under such facts and circumstances, the applicant has

been constrained to file the present application for

vacating the interim relief. I say that the reply is

already filed in the main matter.

10. Applicant submits that recently in the case of

Imtiyaz Ahemad vs. State of Uttar Pradesh, reported

in (2012) 2 SCC 688, while deprecating the practice of

staying investigation of this Honorable Court, the

Honorable Supreme Court has observed as under;

“2. In these appeals, this Court is concerned with a case where orders
were passed by the High Court on several dates after the
registration of FIR and on stay order being granted, investigation,
and framing of charges or trial thereafter in the matter remained
pending in the High Court for a long period of time. The stay order
dated 9.4.03 and several orders dated 29.4.03, 30.4.03, 10.10.03,
7.5.04, 26.5.05, 19.9.06, 27.9.06, 6.10.06 & 18.12.08 of the High
Court passed thereafter have been impugned in these appeals.
 3. The questions which crop up in this case are of serious magnitude
and transcend the immediate facts in the appeal and are of great
national importance.

4. These appeals are directed against a batch of interlocutory orders

passed by a learned Single Judge of Allahabad High Court in
Criminal Writ Petition No. 1786/2003 pending before the learned
Judge.

5. It appears that by order dated 9.4.2003, the learned Single Judge

admitted the writ petition filed by respondent Nos. 2 and 3 herein
and also stayed the order dated 7.12.2002 passed by the Additional
Chief Judicial Magistrate, Gautam Budh Nagar whereby direction
had been given for registration of case against the said
respondents. Thereafter, the matter has been listed on various days
before the High Court but the matter was getting adjourned. As on
the date of filing of the SLP, the writ petition had been kept
pending for six years.

6. The SLP came up for hearing before this Court on 8.1.2010. This
Court was very greatly concerned about the manner in which
criminal investigation and trial have been stayed by the High court
and also being aware of the fact that similar cases are happening in
several High Courts in India wanted a serious consideration of the
issues and appointed Mr. Gopal Subramanium, Senior Advocate
(at that time Solicitor General of India) to assist the Court as
Amicus Curiae.

60. The Court, upon a detailed and very anxious consideration of the
aforesaid issues and specially huge pendency of arrears in different
High Courts and considering the stand of the Central Government
in its affidavit dated 18.1.2012 is giving the following directions.

I. Certain directions are given to the High Courts for better

maintenance of the Rule of Law and better administration of
justice:
While analyzing the data in aggregated form, this Court cannot
overlook the most important factor in the administration of justice.
The authority of the High Court to order stay of investigation
pursuant to lodging of FIR, or trial in deserving cases is
unquestionable. But this Court is of the view that the exercise of
this authority carries with it the responsibility to expeditiously
dispose of the case. The power to grant stay of investigation and
trial is a very extraordinary power given to High Courts and the
same power is to be exercised sparingly only to prevent an abuse
of the process and to promote the ends of justice. It is therefore
clear that:
(i) such an extraordinary power has to be exercised with due caution
and circumspection.
(ii) Once such a power is exercised, High Court should not lose sight
of the case where it has exercised its extraordinary power of
staying investigation and trial.
(iii) High Court should make it a point of finally disposing of such
proceedings as early as possible but preferably within six months
from the date the stay order is issued.

11. Even otherwise, the accused is absconding;

investigation may kindly be allowed to get complete in

the interest of justice.

 12. The applicant craves leave to add, amend,

alter, modify and delete any ground(s) during the

pendency of this petition.

13. The applicant states and submits that there is

no alternative efficacious remedy except by way of

this petition before this Honorable Court.

14. The applicant has not filed any other petition

and / or application containing the same subject

matter before this Honorable Court or any other

Court including the Honorable Supreme Court of

India.

15. THE APPLCIANT, THEREFORE, HUMBLY PRAYS

THAT

(a) Your Lordships may kindly be pleased to vacate the

interim relief in Criminal Misc. Application No. 6692

of 2015 considering the fact and circumstances of

the case.

(b) YOUR LORDSHIP may be pleased to grant such

other and further relief(s) as may deed just and

proper in the facts and circumstances of the

case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE

PETITIONER SHALL AS IN DUTY BOUND FOR EVER PRAY.

Ahmadabad
__.03.2016 ------------------------------
(Aftabhussain A. Ansari)
Advocate for the Applicant
 AFFIDAVIT

I, Mohammad Markur Ullakhan, Age - 45 years,

Occupation - Property Broker, Resident At 403, Prime

Center, Old Jansatta Press, Mirzapur, Ahmadabad, the

applicant herein, state and declare on oath and solemnly

affirm as under that;

The contents of the Para no. 1 to ___ of this

application are read over to me and explained to me in

Gujarati and the same are true and correct to the best of

my knowledge and belief. And para ____ is the prayer

clause which also I believe it to be true and correct.

Solemnly affirmed on this ___ day of September,

2015 at Ahmadabad.

Explained & -------------------------------

Identified by me Deponent
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
(DISTRICT : AHMEDABAD)

Misc. Criminal Application No. of 2015

In

Criminal Misc. Application No. 6692 of 2015

Mohammad Markur Ullakhan ...Applicant

Versus

State of Gujarat & Another ...Respondents

INDEX

Sr. Particulars Annex. PageNo

No .
.

1. Memo of Application -- 1-

2. A copy of the F.I.R. and the order A

dated 15.04.2015

3. The copies of certain other FIRs B-

against the accused namely Atik Colly
@ Ujma Jehangir Mulla.

4. A copy of externment order dated C

16.07.2014 passed by the
Assistant Commissioner of Police,
Ahmadabad Police, Zone – 6
against the accused namely Atik
@ Ujma Jehangir Mulla.

5. The copies of such receipts dated D

23.03.2015, 01.04.2015,
07.04.2015 & 14.05.2015

6. A copy of complaint dated E

24.07.2015.
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
(DISTRICT : AHMEDABAD)

Misc. Criminal Application No. of 2015

In

Criminal Misc. Application No. 6692 of 2015

Mohammad Markur Ullakhan ...Applicant

Versus

State of Gujarat & Another ...Respondents

Synopsis

 The FIR is under serious offence

 The accused has used knife and fire arm while
committing the offence and the same is yet to
recovery by the investigating officer.
 There are other four murder cases and three
kidnapping offences are registered against the
accused in different police station.
 He has been externed by the police on account of his
extortion activities.
 He is pressuring the applicant, the original
complainant to take back his complaint by using
various tactics.
 There is serious threat of life of the applicant, original
complainant from the accused and therefore the stay
against investigation may kindly be vacated in the
interest of justice.
 Hence, this application for vacating interim relief.