Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4967 of 2019 Petitioner :- Alim And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Faiz Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 26.1.2019 registered as Case Crime No.0065 of 2019, under Section 2/3 of U.P. Gangster & Prevention of Anti Social Activities Act, 1986, Police Station Bahdei, District Bareilly.
The allegation in the impugned FIR is that the petitioners alongwith others constitute a gang, which indulges in offences punishable under Chapters 16 & 17 of the I.P.C including offence related to cow slaughter. Instances have been disclosed in the FIR to demonstrate that there are several cases against the members of the gang.
The contention of learned counsel for the petitioners is that so far as petitioners are concerned, they are nominated in a solitary case. It has also been submitted that petitioners have been falsely implicated.
Be that as it may, it is not the requirement of law that each and every member of a gang should be involved in multiple cases, because, a gang can act either individually or collectively.
Under the circumstances, on the above ground, the impugned FIR cannot be quashed.
The petitioners are at liberty to apply for bail.
With the aforesaid liberty, the petition is disposed off. Order Date :- 26.2.2019 Ajeet