The High Court dismissed a writ petition seeking quashing of an FIR under the U.P. Gangsters Act alleging automobile theft, holding that prima facie a cognizable offence was made out and no indulgence under writ jurisdiction was warranted.
The writ petition was dismissed with liberty to avail other legal remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2675 of 2020 Petitioner :- Jogendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Pratap Singh,Anil Kumar Pathak
Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The instant petition has been filed by the petitioner for quashing of the first information report dated 10.10.2019, registered as Case Crime No. 413 of 2019, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Rura, District Rambai Nagar (Kanpur Dehat).
The argument of the learned counsel for the petitioner is that petitioner is not a gangster and it is only on account of one solitary incident in which he was involved that the said act has been invoked against him.
We have perused the aforesaid first information report and find that the petitioner has been alleged to be a member of Puttan Gang and is involved in the theft of automobiles.
In view of the aforesaid facts and circumstances, we are of the opinion that prima-facie a cognizable offence has been made out and it is not a case where any indulgence should be shown by this court by exercising its extraordinary writ jurisdiction.
We do not find any substance in the writ petition. The writ petition is dismissed with liberty to the petitioner to avail other legal remedies which are available to him in law.
Order Date :- 13.2.2020 sailesh
2 issues framed by the court
Whether the First Information Report is maintainable under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether the petitioner's involvement in a solitary incident of automobile theft warrants quashing under the Gangsters Act.
1 provisions across 1 enactments
Jogendra Singh
State Of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
