Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24317 of 2019 Petitioner :- Atul Garg And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhaskar Bhadra Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the first information report dated 24.10.2019 registered in Case Crime No. 390 of 2019, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Fatehganj West, district Bareilly.
It is submitted by the learned counsel for the petitioners submitted that on the basis of solitary case being case Crime No. 358 of 2019, under sections 255, 171, 420, 467, 468, 471 and 34 I.P.C.
read with Sections 60, 63, and 72 of U.P. Excise Act, the petitioners have been roped in the present case. The petitioners who are absolutely innocent have already been enlarged on bail in the said case. The impugned first information report has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them to build pressure to extract illegal money. He further submitted that apart from the bald allegations made in the impugned first information report no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned first information report is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioners in the commission of the said crime.
From the perusal of the first information report, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. The petitioners have miserably failed to put forth any justifiable rationale for quashing the first information report. In the decision of Kishan Pal @ K.P. vs. State of U.P. and another, 2006 (54) ACC 1015, it has been held that it would not be proper in such matters for High Court to interfere in discretionary writ jurisdiction as the petitioner can always appear before the court concerned and make submission there. There is no ground for interference with the first information report. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed.
However, considering the nature of the allegations made in the first information report and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with the provision of the Gangsters Act.
Order Date :- 28.11.2019 Shahnawaz