Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2784 of 2021 Petitioner :- Anshu @ Chhotu Pandey @ Durgesh Pandey Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State respondents and perused the record.
The present writ petition has been filed by the petitioner for quashing of the first information report dated 1.4.2019 registered as case crime no. 46 of 2019 under section 2/3 of U.P. Gangster and Anti Social Activities ( Prevention) Act 1986, police station Mahewaghat District Kaushambi with a further prayer not to arrest the petitioner in pursuance of the aforesaid first information report.
Learned counsel for the petitioner submits that the petitioner is running a General Store shop in Prayagraj. He is neither a member of any gang nor is involved in any anti-social activities. In gang chart two cases have been shown against the petitioner in which he is on bail. Merely on the basis of those cases, the gangster act has been slapped upon the petitioner. False story has been concocted by the police. No offence is made out against the petitioner, therefore, impugned F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the impugned first information report and argued that in gang chart two cases have been shown against the petitioner. From the allegation made in the first information report, it can not be said that no cognizable offence is made out against the petitioner, therefore, impugned F.I.R. is not liable to be quashed.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we do not find it a fit case for quashing the first information report, therefore, prayer for quashing the same is refused and the writ petition is hereby dismissed.
However, in case the petitioner appears or surrenders before the court below within a period of 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 7.4.2021 Gss