Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2638 of 2021 Petitioner :- Ajmat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praveen Kumar Singh,Lal Mani Singh,Nidhi Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.01.2021 registered as Case Crime No. 01 of 2021 at P.S. Babupurwa, District- Kanpur Nagar, under Sections 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.
The allegation in the impugned first information report is in respect of constitution of a gang which indulges in anti-social activities. The petitioner is alleged to be a part of the gang.
A perusal of the record would reveal that the co-accused Rinku Gupta had filed a criminal writ petition for quashing of the impugned first information report. That writ petition, namely, Criminal Misc. Writ Petition No.440 of 2021, was got dismissed as not pressed upon finding that it discloses commission of cognizable offence.
As there is no dispute that the impugned first information report discloses commission of a cognizable offence, the prayer to quash the impugned first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 7.4.2021 Kushal