The Court dismissed a criminal miscellaneous writ petition seeking quashing of an F.I.R. under the U.P. Gangster Act. The Court held that the allegations did not disclose no cognizable offence and rejected the plea despite the petitioner's prior bail in a different case.
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Court No. - 49 Case :- CRIMINAL MISC. WRIT PETITION No. - 2892 of 2021 Petitioner :- Kamlesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Surat Patel,Santosh Kumar Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 13.11.2020 registered as Case Crime No. 93 of 2020, under Sections 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Durga Ganj, District Bhadohi, with a further prayer not to arrest the petitioner in pursuance of the said F.I.R.
The contention of the learned counsel for the petitioner is that there is no legal justification for lodging first information report under the provisions of Gangster Act. On the basis of solitary Case Crime No. 13 of 2019, under Sections 272, 273 I.P.C. and Section 60 of Excise Act & Section 207 of M.V. Act, in which the petitioner has already been granted bail by the Court below. The impugned F.I.R. has been lodged after one year of the aforementioned case. There is no criminal antecedent to his credit except the above case. Neither his involvement in any anti social activity nor he is a member of gang. False and fabricated story has been concocted against the petitioner.
Learned A.G.A. has opposed the prayer for quashing of the F.I.R. and submitted that although the petitioner has been granted bail but from the allegations, it appears that the petitioner is a part of gang which indulges in use of unfair means for public examination as well as committing crime.
From the allegations made in the impugned F.I.R., it cannot be said that the impugned first information report discloses commission of no cognizable offence.
Under the circumstances, the prayer of the petitioner to quash the First Information Report cannot be accepted.
The writ petition is dismissed .
Order Date :- 7.4.2021/Ishan
2 issues framed by the court
Whether the First Information Report under the Gangster Act discloses the commission of a cognizable offence warranting quashing under Article 226.
Whether the petitioner's prior bail status under a different case precludes registration of the new F.I.R. alleging gang involvement.
1 provisions across 1 enactments
Kamlesh
State Of U.P.
Respondent 2
Respondent 3
Respondent 4
Bachchoo Lal
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
