The court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, finding no ground for interference as a cognizable offence was made out.
The writ petition filed for quashing of the FIR was dismissed.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 540 of 2021
Petitioner :- Jitendra Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Himanshu Kumar,Himanshu Mishra Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following relief:
"1. Issue a writ. of direction in the nature of certiorari quashing the impugned F.I.R. dated 27.10.2020 bearing case crime no. 0548 of 2020 u/s 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 lodged at Police Station: Kaushambi District: Ghaziabad."
Learned A.G.A. points out that the petitioner has already been granted bail by the court below vide order dated 11.11.2020 passed in case crime no.548 of 2020 u/s 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.- Kaushambi District- Ghaziabad.
From bare perusal of the impugned first information report, it cannot be said that no cognizable offence is made out. Under the circumstances, we do not find any good reason to interfere with the impugned first information report. Consequently, the writ petition is dismissed .
Order Date :- 22.1.2021 NLY
1 issue framed by the court
Whether the impugned FIR dated 27.10.2020 lodged under the U.P. Gangsters and Anti Social Activities (Prevention) Act makes out a cognizable offence warranting quashing.
1 provisions across 1 enactments
Jitendra Gupta
State Of U.P.
2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
