Deepak Yadav Vs State of U.P. and 3 Others — Allahabad HC (2020) — LawSathi Research

Deepak Yadav Vs State of U.P. and 3 Others — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing the FIR refused; petition disposed with direction that investigation continue but the petitioner shall not be arrested till submission of the police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

Issue for consideration

Whether the FIR dated 21.7.2020 (Case Crime No. 0504 of 2020) under section 3(1) of the UP Gangsters & Anti Social Activities (Prevention) Act, 1986 should be quashed, i.e., whether any offence is prima facie made out against the petitioner. +1 more

Court's answer

On hearing the parties and perusing the impugned FIR and other material on record, the Court held that it cannot be said that prima facie no offence is made out against the petitioner; accordingly, the prayer for quashing the FIR was refused.

Ratio / Principle

The writ petition was disposed of with the direction that investigation of the case shall go on, but the petitioner shall not be arrested in the case till submission of the police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

Detailed headnote1 paragraphs

High Court Allahabad (Court No. 43), Pankaj Naqvi and Vivek Agarwal, JJ. — Criminal Misc. Writ Petition No. 9704 of 2020, Deepak Yadav v. State of U.P. and 3 Others, decided 8.10.2020. Petition sought a writ of mandamus directing that the petitioner not be arrested, and quashing of the impugned FIR dated 21.7.2020 (Case Crime No. 0504 of 2020) under section 3(1) of the UP Gangsters & Anti Social Activities (Prevention) Act, 1986, PS Kotwali, District Gorakhpur — invoked, per petitioner's counsel, on the basis of the solitary Case Crime No. 814 of 2017 (Sections 194, 419, 420, 465, 218, 120-B IPC, PS Cantt, Gorakhpur) in which he claimed to be on bail. Held: on perusal of the FIR and record, prima facie offence was made out, so the quashing prayer was refused; however, the petition was disposed of with the direction that investigation proceed but the petitioner not be arrested till submission of the police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 9704 of 2020

Petitioner :- Deepak Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- G.A.

Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

Heard Ms. Anjana Chaturvedi, learned counsel for the petitioner and the learned AGA.

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 FIR dated 21.7.2020 vide Case Crime No. 0504 of 2020 under section 3(1) of UP Gangsters & Anti Social Activities (Prevention) Act, 1986, police station Kotwali, District Gorakhpur.

Counsel for the petitioner submits that Gangster Act has been invoked against him on the basis of solitary Case Crime No. 814 of 2017 under Section 194, 419, 420, 465, 218. 120-B IPC, police station Cantt, District Gorakhpur in which he claims to have been enlarged on bail by court below, no offence is made out, FIR be quashed.

Per contra, the learned A.G.A has opposed the submission.

After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.

However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 8.10.2020

S.K.S.