Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3399 of 2021 Petitioner :- Jamirul Hasan @ Lalla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gautam Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Gautam, learned counsel for the petitioner and learned A.G.A. for the State through video conference.
We have perused the e-copy of the file.
By way of this petition, the petitioner has prayed that this Court may quash the proceedings/stay the arrest of the accused pursuant to the impugned F.I.R. dated 1.4.2021 lodged against the petitioner arisen out of the Case Crime No.0087 of 2021 under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 at P.S. Harriaya Distt. Basti.
We are convinced that there are several disputed questions of facts which will not permit us to interfere with the orders passed by the officer concerned. The lodgment of F.I.R. under the Gangster Act, cannot be quashed where there are several disputed questions of facts involved. We are even fortified in our view by the decision in State of Telangana Vs. Habib Abdullah Jeelani and others, (2017) 2 SCC 779 The submission of learned counsel for the petitioner is not tenable and cannot be gone into at this stage.
With these observations, this petition stand dismissed.
Order Date :- 10.5.2021 DKS Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.10 17:37:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.10 17:39:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad