Disposed

Zakir Urf Chuha v. State of U.P. and Another

Allahabad HC5 Mar 2020CRLP/3756/2020

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR under the U.P. Gangster Act and a stay on arrest. The court refused to quash the FIR as an offence appeared to be made out. However, the court directed that no arrest be made until the police submitted the report under Section 173 Cr.P.C.

What did the court decide?

FIR quashing refused; no arrest permitted till police report is submitted under Section 173 Cr.P.C.

Zakir Urf Chuha Vs State of U.P. and… — Contract and Commercial Disputes | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3756 of 2020

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Petitioner :- Zakir Urf Chuha Respondent :- State of U.P. and Another Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.

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Copy of the order dated 20.02.2020 passed by this Court in Criminal Misc. Writ Petition No. 2999 of 2020 (Uvaish & Another vs. State of U.p. & 2 Others) regarding Case Crime No. 107 of 2020 under Section 2/3 of the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Baradari, District Bareilly, has been supplied in the Court.

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Heard Shri Irshad Ahmad, learned counsel for the petitioner and the learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned First Information Report dated 26.01.2020 registered as Case Crime No. 29 of 2020 under Section 3(1) of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Nakhasa, District Sambhal.

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Learned counsel for the petitioner states that there is a solitary case encrypted in the gang-chart against the petitioner in which the petitioner has already been bailed out. First Information Report has been lodged on false/vexatious/mischievous allegations. No offences are made out, the F.I.R. be quashed.

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The learned A.G.A., on the other hand, has opposed the submission.

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Having heard learned counsel for the parties and perused the impugned F.I.R. as well as the other material brought on record, we find that it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing of the F.I.R. is refused.

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However, it is directed that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in Case Crime No. 29 of 2020 under Section 3(1) of U.P. Gangster Act and

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Anti Social Activities (Prevention) Act, 1986, Police Station Nakhasa, District Sambhal till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

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

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Order Date :- 5.3.2020 VR/

Zakir Urf Chuha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Zakir Urf Chuha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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