A criminal writ petitioner sought quashing of an FIR under the U.P. Gangsters Act, alleging false implication due to political pressure. The High Court examined the allegations and cross-examined counsel. Finding an offence was made out against multiple accused including the petitioner, the court denied the quashing prayer.
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Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2861 of 2021
Petitioner :- Danish @ Kala Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avinash Pandey Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner, learned A.G.A. for the Staterespondents and perused the record.
The present writ petition has been filed by the petitioner for quashing the FIR dated 6.2.2021 registered as Case Crime No. 66 of 2021, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Kairana, District Shamli with a further prayer not to arrest the petitioner in pursuance of the aforesaid FIR.
The submission of learned counsel for the petitioner is that only one case has been shown against the petitioner and on the basis of that solitary Case Crime No. 607 of 2017, under section 147, 148, 149, 323, 504, 506, 307, 452, 427 IPC in which the proceeding has been stayed by this court in an Application U/s 482 Cr.P.C. No. 7171 of 2018 vide order dated 8.3.2018 the impugned FIR has been lodged. The petitioner is neither a member of any gang nor he is involved in any anti social activities. Due to political pressure the petitioner has falsely been implicated in the present case, therefore, the impugned FIR is liable to be quashed.
Per contra; learned A.G.A. opposed the prayer for quashing the FIR and argued that the impugned FIR has been lodged against 40 persons including the petitioner. There is criminal history of named accused. As per allegation of FIR it can not be said that no offence is made out against the petitioner.
The FIR has been lodged against 40 persons including the petitioner. The criminal history of accused persons has also been shown in FIR. From the allegations made in the FIR it can not be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find it a fit case for quashing the FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed .
Order Date :- 7.4.2021 Masarrat
1 issue framed by the court
Whether the writ petition for quashing the FIR under U.P. Gangsters Act is maintainable.
Danish @ Kala
State Of U.P.
2 Others
Bachchoo Lal
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
