The Full Court dismissed the Criminal Miscellaneous Writ Petition challenging an F.I.R. under the U.P. Gangsters & Anti Social Activities Act, 1986, holding that the allegations disclose a cognizable offence warranting investigation.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2869 of 2020
Petitioner :- Shivam @ Anupam Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Afzal Ahmad Khan Durrani Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The F.I.R. dated 31.10.2019 registered as Case Crime No. 417 of 2019, under section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Kaimganj, District Farrukhabad has been challenged by means of this petition.
The allegations made in the F.I.R. are serious and discloses a cognizable offence.
In view of the above, the matter requires due investigation. Accordingly, in our opinion, it is not a case where the F.I.R. ought to be interfered with in exercise of the writ jurisdiction.
The writ petition has no merit and is accordingly dismissed.
Order Date :- 18.2.2020 Bhanu
1 issue framed by the court
Whether the F.I.R. challeged under section 3(1) U.P. Gangsters & Anti Social Activities Act requires quashing.
Shivam @ Anupam Shukla
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
