Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10682 of 2019 Petitioner :- Braj Narendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Poojan,Raj Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent nos. 1, 2 & 3, and perused the record.
The instant petition seeks quashing of the FIR dated 30.03.2019 registered as Case Crime No. 80 of 2019, under Section 3(1) of Gangster Act, 1986, Police Station Usrahar, District Etawah.
The allegation in the impugned First Information Report is that the petitioner has a Gang of which he is the leader and through which he indulges in occupying government land including forest land as also creates terror in public.
Learned counsel for the petitioner has submitted that prior to the impugned F.I.R. the petitioner was implicated in one case in which he had been granted bail and in fact the petitioner is not occupying forest land but the Forest Officials were misusing Forest Land and, therefore, they falsely implicated the petitioner.
As occupation of forest land would be once of the specified anti social activities provided by Section 2(b)(iii) of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, it cannot be said that no cognizable offence is disclosed by the impugned F.I.R.
Whether those allegations are correct or false would have to be determined on the basis of material collected during the course of investigation.
Under the circumstances, no ground to quash the F.I.R. is made out.
The petition is dismissed with liberty to the petitioner to apply for bail, if so advised.
Order Date :- 26.4.2019 Vibha Singh