Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2128 of 2021 Petitioner :- Arvind Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Srivastava,Sunil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 27.01.2021 registered as Case Crime No.15 of 2021, under Section 3(1) of U.P. Gangster & Anti Social Activities Act, P.S. Khanpur, District Ghazipur.
The allegation in the impugned first information report is in respect of constituting a gang which indulges in marketing and sale of illicit adulterated liquor.
The contention of the learned counsel for the petitioner is that there is just a solitary case against the petitioners and that too of the year 2018 in which the petitioners have already been granted bail, therefore the impugned first information report is nothing but abuse of the process of law.
A perusal of the first information report would suggest that the gang members are still indulging in the specified anti social activities and from the record it also appears that the previous case related to very large quantity of liquor.
Under the circumstances, the matter require investigation and, therefore, the prayer of the petitioners to quash the first information report, at the threshold, cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail.
Order Date :- 8.4.2021 AKShukla/-