Partly allowed

Kamran Alias Kammu and 3 Others v. State of U.P. and 2 Others

Allahabad HC15 Feb 2019CRLP/3568/2019

Case brief

AI extract

What is this about?

Court declined to quash a Gangster Act FIR registered against petitioners. It directed that investigation continue without the arrest of petitioners until the police submits the final report, contingent on their cooperation.

What did the court decide?

FIR not quashed; investigation to continue without arrest of petitioners until police report filed under S. 173(2) Cr.P.C.

Kamran Alias Kammu and 3 Others Vs State of U.P. and 2… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3568 of 2019 Petitioner :- Kamran Alias Kammu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Shri Lavkush Kumar Bhatt, learned counsel for the petitioners and Shri V.S.Rajbhar, the learned A.G.A.

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This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 26.1.2019 registered as Case Crime No.0018 of 2019 under section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Jahanganj District Farrukhabad.

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Learned counsel for the petitioners on the strength of the averments made in the Supplementary Affidavit filed today submitted that Gangster Act was invoked against the petitioners on a solitary case under Section 3/5/8 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in which petitioners nos. 1 to 3 have already been bailed out by the court below, their bail orders have been annexed alongwith supplementary affidavit filed today, whereas petitioner no.4 has already obtained an order of protection under Section 173(2) Cr.P.C in Criminal Misc. Writ Petition No.4796/18 on 26.2.2018, same parity be extended to the present petitioners, F.I.R is malafidely motivated, same is liable to be quashed.

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Learned A.G.A, has opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.

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However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full cooperation during investigation.

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With the aforesaid direction, this petition is finally disposed of.

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Order Date :- 15.2.2019 RS

Kamran Alias Kammu and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Kamran Alias Kammu and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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