Rajnish Kumar, J. - (1.) The instant writ petition has been filed challenging the First Information Report dated 30.01.2018 vide case Crime No.0067 of 2018, Police Station-P.G.I., District-Lucknow, under Sections 406 and 420 of the Indian Penal Code, 1860.
(2.) Short counter affidavit filed by the opposite party No.4 is taken on record.
(3.) As per the version of the prosecution the petitioner took Rs.1 lakh from the opposite party No.4 for the purpose of providing job of Driver in Saudi Arabia (Gulf Country) by swindling him and when the opposite party No.4 went to the Gulf Country, he was provided work of a Labour instead of service of Driver and on account of non performance of work by the opposite party No.4 as Labour the opposite party No.4 was used to be assaulted with ''Lathi' and ''Danda'. When the complainant i.e. opposite party No.4 informed to the petitioner in this regard he was abused and demanded Rs.90 thousand for calling him back. Even after payment of the said money the family members of the complainant were being harassed by the petitioner and he got Rs.50,000/- spent from them. The family members of opposite party No.4 visited the Foreign Minister of the Government of India in this regard and a letter was written by the Ministry to the Embassy of Saudi Arabia, then the opposite party No.4 was brought back to India from Saudi Arabia. It has further been alleged that the owner (Kapil) at Saudi Arabia has neither paid the salary, rather got his thumb impression on plain paper and snatched his mobile phone. The total amount of salary due is Rs.60,000/- and the cost of Mobile is Rs.17,000/-. After coming back from Gulf country the opposite party No.4 tried to contact the petitioner, but he did not pick up the phone calls of the complainant i.e. opposite party No.4. A written complaint of the incident was made by the wife of the complainant to the Director General of Police, U.P., Lucknow, who called a report from the Circle Officer, Mohanlalganj, Lucknow and took the cognizance of the aforesaid occurrence. Accordingly, the complainant lodged the FIR with a request to direct the petitioner to pay Rs.3,17,000/- to the opposite party No.4 i.e. the complainant and also take action against the petitioner.;