Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3288 of 2021 Petitioner :- Indra Pratap Singh Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The instant petition has been filed praying for quashing of First Information report dated 24.03.2021 registered as Case Crime No.0093 of 2021, under Section 3(1) Gangster Act, Police Station- Purani Basti, District- Basti with a further prayer not to arrest the petitioner in the said case during course of investigation.
The allegation in the impugned F.I.R. is that petitioner is a member of a gang which is involved in theft and commission of other offences covered under Chapters 16,17 and 22 of I.P.C. By their said activity, the petitioner and members of his gang are making financial and temporal gains. In support of these allegations four instances are cited in the impugned F.I.R. which relates to criminal cases registered against the petitioner and members of his gang under various sections of I.P.C. (Case Crime No.370 of 2020, under Sections 379,411,414 I.P.C., P.S.- Purani Basti, District- Basti, Case Crime No.517 of 2020, under Sections 401, 411, 413, 414 I.P.C., P.S.- Nawabganj, District- Gonda, Case Crime No.510 of 2020, under Sections 380, 457, 411 I.P.C., P.S.- Tarya Sujan, District- Kushinagar and Case Crime No.492 of 2020, under Sections 457, 380, 411 I.P.C., P.S.- Chhapiya, District- Gonda.) The submission of learned counsel for the petitioner is that the petitioner is dealing in iron and is having his own shop at Lucknow. It is submitted that in first three cases mentioned in the gang-chart there is no admissible evidence against the petitioner. In respect of the fourth case it is submitted that the petitioner has no concern with the same.
We have perused the material on record and it is abundantly clear therefrom that in all previous cases the main allegation against the petitioner is regarding sale of stolen sariya. In respect of the fourth case, a charge-sheet has already been submitted as per recitals contained in the gang-chart. Copy of the charge-sheet of the said case has not been filed. Thus, we decline to go into the issue as to whether petitioner has any concern with the said case.
Even otherwise, the criminal history as disclosed in the gang- chart, leaving aside the fourth case is sufficient to clamp the provisions of U.P. Gangsters and Anti-Social Activities Act against the petitioner. No case is made out for quashing of the impugned F.I.R.
The petition lacks merit and is dismissed.
(Gautam Chowdhary,J.) (Manoj Kumar Gupta,J.) Order Date :- 26.5.2021 shiv