Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4896 of 2018 Petitioner :- Amjad And 5 Others Respondent :- State Of U.P. Through Secretary Ministry Of Home And 3 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
This petition for writ is before us to have a direction to quash the FIR dated 3.2.2018 bearing Case Crime No.80 of 2018, pending investigation at Police Station Alapur, District Badaun for the offences punishable under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.3 not to arrest the petitioners Amjad, Ashraf, Vikram, Shahnawaz, Soni and Waseem in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioners shall cooperate the investigating agency during the course of investigation.
The Writ Petition stands disposed off as above.
Order Date :- 27.2.2018 Arnima [Ashok Kumar,J.] [Vikram Nath, J.]