Single judge of High Court dismissed the writ petition seeking quashment of FIR under U.P. Gangsters Act, noting four prior criminal cases against petitioner and stating no occasion to quash while offering anticipatory bail advice.
Writ petition dismissed; no quashing of FIR granted; anticipatory bail application to be filed within ten days.
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Neutral Citation No. - 2023:AHC:191268-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 15580 of 2023
Petitioner :- Ram Balak Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harikrishna Rajesh Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Harikrishna Rajesh, learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record.
The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 01.09.2023 registered as Case Crime No. 326 of 2023, under Section 3(1) of U.P. Gangsters and Anti Social Activities (prevention) Act, 1986, Police Station Kotwali Mau, District Mau.
Learned A.G.A. submitted that four criminal cases are to the credit of the petitioner.
Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioner and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.
Accordingly, the prayer for quashing the FIR is declined and refused.
However, it is open for the petitioner, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law.
It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.
With the above observation, the writ petition is disposed of .
Order Date :- 4.10.2023 Rmk.
Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal miscellaneous writ petition under Article 226 praying for quashing of FIR under Section 3(1) of U.P. Gangsters Act should be allowed given the petitioner has four criminal cases o
The extent of inherent jurisdiction to quash FIR under Article 226 when cognizable offence is clearly made out against the petitioner.
2 provisions across 2 enactments
Ram Balak Yadav
State Of U.P.
2 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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