Hari Shanker Seth Alias Chhotu Seth and Another Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 8825 of 2019

Petitioner :- Hari Shanker Seth Alias Chhotu Seth And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.

¶4

Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

¶5

Heard learned counsel for the petitioners; learned AGA for respondents 1, 2 and 3; and perused the record.

¶6

The instant petition seeks quashing of the First Information Report dated 17th March, 2019 registered as Case Crime No.149 of 2019, under Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station Badagaon, District Varanasi.

¶7

The allegation in the impugned first information report discloses existence of a gang whose members are the petitioners along with others. It is alleged that the members of the gang are indulging in offence punishable under Chapters 16, 17 and 22 of the Indian Penal Code for the purposes of making pecuniary gain. The details of cases are disclosed in the first information report.

¶8

It appears that there are four cases against the gang members and in so far as the petitioner no.1 (Hari Shanker Seth @ Chhotu Seth) is concerned there are four cases against him and in so far as the petitioner no.2 (Radhe Shyam) is concerned he is not named in the first information report but it is claimed that there is one case against him.

¶9

As it is not the requirement of law that all the gang members must commit offence collectively, the prayer of the petitioners to quash the first information report cannot be accepted.

¶10

The petition is dismissed with liberty to the petitioners to apply for bail.

¶11

Order Date :- 8.4.2019.

¶12

Rks.

Hari Shanker Seth Alias Chhotu Seth and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Hari Shanker Seth Alias Chhotu Seth and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saud and 5 Others Vs State of U.P. and 2 Others

Prashant Sharma Vs State of U.P. and 3 Others

Rajeev Kumar Singh Vs State of U.P. and 3 Others

Anshu @ Anshu Kushwaha and Another Vs State of U.P. and 3 Others