Disposed

Ziyauddin and 3 Others v. State of U.P. and Another

Allahabad HC5 Mar 2020CRLP/3760/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the court disposed of a plea seeking quashing of an FIR and stay of arrest. While refusing the quashing prayer, the order directed no arrest of petitioners during investigation unless cooperation is declined, pending the police report.

What did the court decide?

Prayer to quash FIR refused; no arrest directed pending police report under Section 173(2) Cr.P.C. subject to cooperation.

Ziyauddin and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3760 of 2020

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Petitioner :- Ziyauddin And 3 Others 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 petitioners 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 petitioners, 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 petitioners states that there is a solitary case encrypted in the gang-chart against the petitioners in which the petitioners have 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 petitioners. 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 petitioners shall not be arrested in 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 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/

Ziyauddin and 3 Others v. State of U.P. and Another

Case brief

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Ziyauddin and 3 Others v. State of U.P. and Another

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