The High Court declined to examine the maintainability of a quashing petition based on quantum or procedural defects in a tainted case, holding that serious allegations of cognizable offences justified the FIR under the Gangster Act and dismissed the writ.
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Neutral Citation No. - 2023:AHC:170822-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 13342 of 2023
Petitioner :- Ashish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner, and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 14.5.2023 giving rise to Case Crime No.115 of 2023, under Sections 2/3 of U.P. Gangster Act, Police Station- Achhnera, District- Agra.
The contention of the counsel for the petitioner is that the provisions of Gangster Act cannot be invoked where it is one under the N.D.P.S. Act.
The submission is belied by Section 2(b)(II) of the Act itself.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.
Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.
The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 23.8.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the provisions of the Gangster Act can be invoked in a case under the N.D.P.S. Act.
Whether the writ petition seeking quashing of the FIR is maintainable when allegations disclose cognizable offences.
Ashish Kumar
State Of U.P.
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
