Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2881 of 2021 Petitioner :- Kamlesh Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kashi Nath Shukla,Sneh Ranjan Shukla Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents no.1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 05.02.2021 registered as Case Crime No.0039 of 2021, under Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, at Police Station- Kopaganj, District- Mau.
Learned counsel for the petitioner submits that there is one case against the petitioner in the gang chart registered as Case Crime No.648 of 2020, under Sections 147, 148, 323, 352, 506, 308, 120-B, IPC, P.S. Kopaganj, District Mau in which the petitioner is on bail and on the basis of solitary case against the petitioner, he has falsely been implicated in the present case. Neither the petitioner is member of any gang nor he is involved in any anti social activity. No offence is made out against the petitioner.
Per contra learned A.G.A. opposed the prayer for quashing the first information report and argued that the impugned FIR has been lodged against four persons including the petitioner. As per gang chart, four cases have been shown against co-accused, Pradeep yadav and one case has been shown against the petitioner and other two co-accused. The allegations in the impugned First Information Report are in respect of constitution of a gang that indulge in anti-social activities such as offences punishable under Chapter 16, 17 and 22 of the Indian Penal Code. From the allegations made in the first information report it cannot be said that no cognizable offence is made out against the petitioner, therefore, the impugned FIR is not liable to be quashed.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we find that the allegations disclose commission of cognizable offences, therefore, the prayer of the petitioner to quash the impugned First Information Report cannot be accepted and the same is, hereby, refused.
The petition is dismissed.
Order Date :- 7.4.2021 T. Sinha