Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 4131 of 2021 Petitioner :- Indrajeet Yadav And 2 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Ravindra Nath Yadav,Abhishek Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No. 64 of 2021, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS Pawai, District Azamgarh, with a further prayer to stay their arrest during pendency of investigation of the said case.
As per prosecution case, the petitioners and member of his gang are hardened criminals, involved in sale of contraband and narcotics. In the past, a FIR dated 17.3.2020, being Case Crime No. 24 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Sections 60(1), 60(A), 72 U.P. Excise Act and Section 8/20 NDPS Act, was registered against him. In a joint inspection by the police and officers of Excise Department, they succeeded in seizing huge quantity of illicit liquor and 10 kg. of ganga from the vehicle and house owned by the accused persons. It is alleged that the petitioners while indulging in such illegal trade, are deriving financial and temporal gains.
Learned counsel for the petitioners submitted that the police has wrongly implanted the contraband in the house of the petitioners. It is sought to be contended that in fact the police seized the vehicle owned by Geeta (wife of petitioner no. 1) from her residential premises. The vehicle was not used for committing any offence, but the petitioners have been wrongly implicated. In support of the said submission, the petitioners have placed reliance on an interim order dated 1.2.2021, passed by this court in Petition under Article 227, bearing number 4492 of 2020 (Geeta vs. District and Sessions Judge) whereby this court allowed the vehicle to be released in favour of Geeta. It is further submitted that after lodging of a FIR, the petitioner had filed complaint against the police before learned Magistrate under Section 156(3) CrPC and the said act of the petitioner had annoyed the police, leading to his false implication in the impugned FIR. He further submitted that the petitioner had filed affidavit of several independent witnesses before the Senior Superintendent of Police so that the same is taken into consideration during investigation, but the police acted in great haste and submitted charge sheet.
As per the averments made in the instant FIR and one lodged in the past, the petitioners were found engaged in illegal trade of contraband and liquor and the police after investigation has already submitted charge sheet in the earlier case. The defense of the petitioners cannot be considered in exercise of writ jurisdiction. The allegations in the FIR clearly brings the accused persons within the ambit of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. Whether the allegations made in the impugned FIR are correct nor not, is a matter of investigation.
We find no good ground to quash the impugned FIR.
The petition lacks merit and is dismissed, with liberty reserved in favour of the petitioners to apply for bail or seek such other remedy as may be advised.
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2021 Jaideep/-
Digitally signed by Manoj Kumar Gupta Date: 2021.08.19 17:35:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by MOHAMMAD ASLAM Date: 2021.08.19 17:37:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad