Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11758 of 2021 Petitioner :- Alishad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- A.T. Pandey Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and Shri G.P. Singh, learned AGA.
Present writ petition has been preferred for quashing the FIR dated 14.7.2021 being Case Crime No.0003 of 2021 under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Anti Human Trafficking Unit, Distt. Maharajganj.
On the matter being taken up, Shri G.P. Singh, learned AGA has raised an objection that the writ petition is not maintainable on behalf of the petitioner as he is not named in the FIR.
Confronted with this situation, learned counsel for the petitioner states that when the writ petition was preferred, Samsul Haq/brother of the petitioner, who is main accused, was in jail and in his absence, the present writ petition has been filed. He fairly states that now, he has been enlarged on bail and definitely the writ petition shall be filed by him, in case the leave is accorded by this Court.
Considering the facts and circumstances, the writ petition is dismissed as not pressed. However, leave is always open to the accused Samsul Haq to invoke the remedy as available in law.
Order Date :- 24.12.2021 SP/