Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5487 of 2019 Petitioner :- Manku Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the first information report dated 14.12.2018 registered in Case Crime No. 365 of 2018, under Section 3 (1) of U.P. Gangster & Anti Social Activities Act, 1986, P.S. Kampil, district Farrukhabad.
Learned counsel for the petitioner submitted that on the basis of two cases the petitioner has been roped in the present case. The petitioner is on bail in those cases. The impugned first information report has been lodged by the respondent no. 1 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that apart from the bald allegations made in the impugned first information report no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned first information report is liable to be quashed.
Per contra the learned A.G.A. contended that the allegation contained in the first information report cannot be aborted at this stage. The petitioner will have ample opportunity to rebut the allegations made against him.
From the perusal of the first information report, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. In the decision of Kishan Pal @ K.P. vs. State of U.P. and another, 2006 (54) ACC 1015, it has been held that it would not be proper in such matters for High Court to interfere in discretionary writ jurisdiction as the petitioner can always appear before the court concerned and make submission there. There is no ground for interference with the first information report. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed. There is no ground for interference with the first information report. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed.
However, considering the nature of the allegations made in the first information report and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with provision of Gangsters Act.
Order Date :- 28.2.2019 Shahnawaz