Court declined to quash FIR under U.P. Gangster Act alleging ulterior motive. Directed investigation to proceed but arrested petitioner barred till police reports submitted.
FIR not quashed; investigation directed to proceed but petitioner not to be arrested till submission of police report under Section 173(2) Cr.P.C
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 10171 of 2019
Petitioner :- Anoop Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prateek Samadhiya Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 02.04.2019 registered as Case Crime No. 62 of 2019 under section 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Jariya, District Hameerpur.
It is submitted by learned counsel for the petitioner that initially an F.I.R. dated 30.05.2017 came to be lodged against the petitioner under Sections 41, 102 Cr.P.C. and Section 411 I.P.C. alleging a recovery of solitary solar battery alleged to have been stolen but not connected in any case crime till date as alleged in paragraph no. 12 and the gangster act invoked on the said solitary case for the ulterior motive. Learned counsel for the petitioner further submits that the petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till
the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 19.4.2019 AKT
2 issues framed by the court
Whether the FIR is liable to be quashed in public interest given alleged irrational invocation of Gangster Act
Whether investigation under Section 173(2) Cr.P.C. should proceed without arresting the petitioner
2 provisions across 2 enactments
Anoop
State Of U.P.
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
