Petitioner filed a CRIMINAL MISC. WRIT PETITION under Article 226 seeking quashing of an FIR under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986. The court dismissed the petition.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 476 of 2020
Petitioner :- Raju Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar,Ram Sajiwan Mishra Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Amit Kumar, learned counsel for the petitioner and Sri Rishi Chaddha, learned A.G.A. for the State-respondents.
This writ petition has been filed praying the following reliefs:
"a) issue a writ, order or direction in the nature of certiorari quashing the impugned the First Information Report dated 30.12.2019 arising out of Case Crime No. 1405 of 2019, under section 2(b)(i), 2(b)(iii), 2(b)(iv), 2(b)(xi), 2(b)(xii), 3(1), 2(b)(vii) of the Utter Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 registered at Police Station, Dadari, District Gautam Budh Nagar.
a) Issue a writ, order or direction in the nature of mandamus directing the respondent not to take coercive action against the petitioner in pursuance to the impugned the First Information Report dated 30.12.2019 arising out of Case Crime No. 1405 of 2019, under section 2(b)(i), 2(b)(iii), 2(b) (iv), 2(b)(xi), 2(b)(xii), 3(1), 2(b)(vii) of the Utter Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 registered at Police Station, Dadari, District Gautam Budh Nagar.
b) issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
c)Award the costs of the writ petition in favour of the petitioners."
A short counter affidavit dated 02.03.2020 has been filed by the Investigating Officer. In paragraph Nos. 5,6,7, and 8 the aforesaid short counter affidavit, the Investigating Officer has stated as under:
"5. That the gang chart in the present case was duly prepared and approved by the Senior Superintendent of Police, Gautam Budh Nagar and District Magistrate, Gauam Budh Nagar and for kind perusal of this Hon'ble Court, a photostat copy of the same is annexed herewith as Annexure CA-1 to this affidavit.
6. That the deponent very respectfully submits herein that Randeep Bhati is gang leader and has long criminal history of more than two dozen criminal cases to his credit and he is a history sheeter of Police Station Dadri,District Gautam Budh Nagar having history sheet No. 40-A. A
photostat copy of criminal history of gang leader Randeep Bhati is annexed herewith as Annexure CA-2 to this affidavit.
7. That the deponent very respectfully submits herein that the petitioner is running a transport company namely Jai Maa Vishno Transport and the aforesaid Company is running with the help of gang leader Randeep Bhati.The petitioner is an active member of a gang header by gang leader Randeep Bhati and they used to commit crimes for pecuniary benefits of the gang, But due to their terror none could dare to depose or report the matter at Police Station.
8. That the investigation of the case is pending and the evidence collected till date shows prima facie commission of cognizable offence against the petitioner and as such he does not deserve any sympathy.
A report dated 28.12.2019 submitted by the Superintendent of Police (Rural), District Gautam Budh Nagar to the District Magistrate, Gautam Budh Nagar has been filed as Annexure-1 to the short counter affidavit. Perusal of this annexure shows that the Circle Officer, Dadari, District Gautam Budh Nagar and Inspector (Incharge) of P.S. Dadari, District Gautam Budh Nagar had submitted a report, which supports the averments of the short counter affidavit. It is mentioned that the gang indulged in transportation, provides shooters for killing and land grabbing etc. The District Magistrate after applying his mind had agreed to the aforesaid joint report. Accordingly, he approved the proposal on the recommendation of Senior Superintendent of Police, Ghaziabad.
In view of the aforesaid, we do not find any error in the impugned FIR. Consequently, the writ petition is dismissed leaving it open to the petitioner to apply for bail in accordance with law.
Order Date :- 29.9.2021 RPD
Raju
State Of U.P.
3 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
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