Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11420 of 2019 Petitioner :- Faheem And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the first information report dated 14.4.2019 registered as Case Crime No. 138 of 2019, under Section 3 (1) U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, police station Didauli, District J.P. Nagar (Amroha).
It is submitted by the learned counsel for the petitioners that the petitioners are unnecessarily harassed at the behest of the complainant. The petitioners are on bail in the cases as shown in the gang chart. The petitioners have been roped in the present case at the inkling and connivance of the sympathizer of police personnel as they could not grease their palm. There is no independent witness to support the prosecution case. It is further submitted by the learned counsel for the petitioners that the entire prosecution story is the outcome of personal grudge of the respondent no 3. There is nothing on record to substantiate the allegation made against the petitioners rather it reflects the manoeuvring on the part of the respondent no. 3. Therefore, the first information report so lodged by the respondent no. 3 is liable to be quashed.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioners. The innocence of the petitioners cannot be adjudged at this stage.
From perusal of the F.I.R., prima facie cognizable offenses is made out at this stage against the petitioners therefore, we do not find any cogent or convincing reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 30.4.2019 Shahnawaz