Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25846 of 2019 Petitioner :- Anil Pal (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 13th September, 2019 registered as Case Crime No.0257 of 2019, under Section 3(1) of U.P. Gangsters of Anti Social Activities (Prevention) Act at Police Station Jaafarabad, District Jaunpur.
The allegation made in the impugned first information report is that the petitioner is part of a gang which indulges in offence of theft, loot etc. Two cases are shown to have registered against the petitioner.
The contention of learned counsel for the petitioner is that the petitioner is a minor and in those two cases he has been granted bail and unnecessarily the petitioner has been implicated by alleging that he is part of a gang.
Be that as it may, as correctness of the allegations is not to be tested in writ jurisdiction, the prayer of the petitioner to quash the first information report cannot be accepted. More over, we do not find any document, which may disclose that the claim of juvenility allegedly set up by the petitioner has been accepted by any court as yet.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 18.12.2019. Rks.