Petitioner sought quashing of an FIR under the U.P. Gangster and Anti Social Activity Act and restraint on his arrest. The Court held no case for interference as the FIR prima facie revealed commission of a cognizable offence, dismissing the petition.
Writ petition dismissed with liberty to move competent court for anticipatory or bail.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 8125 of 2021
Petitioner :- Taufiq Ahmad @ Guddu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudheer Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari to quash the First Information Report dated 01.01.2021, bearing case crime no. 0001 of 2021, under section 3(1) U.P. Gangster and Anti Social Activity (Prevention) Act, 1986, Police Station Barhalganj, District Gorakhpur.
II Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in First Information Report dated 01.01.2021, bearing case crime no. 0001 of 2021, under section 3(1) U.P. Gangster and Anti Social Activity (Prevention) Act, 1986, Police Station Barhalganj, District Gorakhpur.
III Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper on the basis of facts and circumstances of the case."
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon’ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR OnLine 2021 SC 192, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law. Order Date :- 27.9.2021 RPD
2 issues framed by the court
Whether the High Court should quash the First Information Report filed under the U.P. Gangster and Anti Social Activity (Prevention) Act.
Whether the High Court should issue a direction restraining the arrest of the petitioner.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersReferred¶9
State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraReferred¶9
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR OnLine 2021 SC 192 · Who else cites this
Taufiq Ahmad @ Guddu
State Of U.P.
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
