Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3708 of 2021 Petitioner :- Asad Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for respondent nos. 1 & 2 through video conferencing and perused the record.
The present writ petition has been filed by the petitioner for quashing of FIR dated 23.4.2021 registered as Case Crime No. 171 of 2021, under section 3(1) U.P. Gangster and Anti Social Activities(Prevention) Act, 1986, Police Station Sambhal, District Sambhal with a further prayer not to arrest the petitioner in pursuance of aforesaid FIR.
Learned counsel for the petitioner submits that two criminal cases have been shown against the petitioner; one under section 307 IPC and another under section 379 IPC. The first case belongs to police encounter in which no one has sustained injury and in another case under section 379 IPC, the petitioner was not named in the FIR. He was made accused on the basis of his confessional statement. In above two cases, the petitioner is on bail and on the basis of these two false cases, impugned FIR under Gangster Act has been lodged against the petitioner. It has further been submitted that the petitioner is neither member of gang nor involved in any anti-social activity. False story has been concocted by the prosecution, therefore the impugned FIR is liable to be quashed.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that the petitioner is gang leader and he alongwith other members is involved in committing theft of animals for slaughtering and they are earning undue benefits by committing offence under Chapter 16 & 17 of IPC. Therefore, the impugned FIR is not liable to be quashed.
The impugned FIR has been lodged against seven persons including the petitioner. The petitioner has been shown to be a gang leader. From the allegations made in the FIR, it can not be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find any ground to quash the impugned FIR, therefore, the prayer for quashing the same is refused and the writ petition is dismissed.
Order Date :- 21.5.2021 P.P.
Digitally signed by Justice Bachchoo Lal Date: 2021.05.21 17:39:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.21 17:45:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad