Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2863 of 2021 Petitioner :- Bhagwati Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajeet Kumar Singh 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 the FIR dated 9.1.2021 registered as Case Crime No. 3 of 2021, under section 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Reoti, District Ballia with a further prayer not to arrest the petitioner in pursuance of the aforesaid FIR.
The submission of learned counsel for the petitioner is that the impugned FIR under gangster act has been lodged only on the basis of solitary Case Crime No. 137 of 2020, under section 302, 120B IPC, P.S. Reoti, District Ballia. In that case only the allegation of hatching conspiracy has been levelled against the petitioner. The petitioner is neither a member of any gang nor he is involved in any anti social activities. False story has been concocted by the police.
Per contra; learned A.G.A. opposed the prayer for quashing the FIR.
The impugned FIR has been lodged against 5 persons including the petitioner. As per allegation of FIR there is gang of petitioner and other named accused and the petitioner and named accused are involved in offence for committing marpit and murder to gain undue benefit. From the allegations made in the FIR it can not be said that no 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 it a fit case for quashing the FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
However, if the petitioner appears and 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 Masarrat