Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7143 of 2021 Petitioner :- Mohd. Nadim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following main relief:
" I. Certiorari quashing the First Information Report dated 17.7.2021 registered as Case Crime No. 479 of 2021 under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Tajganj, District Agra.
II. Mandamus commanding the respondents not to arrest the petitioner in First Information Report dated 17.7.2021 registered as Case Crime No. 479 of 2021 under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Tajganj, District Agra during the pendency of the present writ petition."
Mrs. Archana Singh, learned A.G.A.-I on the basis of instructions submits that chargesheet has already been filed in Case Crime No. 72 of 2021 and in the said case crime number, petitioner has already been enlarged on bail by the lower court. On the basis of said solitary case, petitioner has been booked under the Gangster Act.
In support of this submission, learned A.G.A. has placed reliance to Division Bench judgment and order dated 25.8.2021 passed by this Court in Criminal Misc. Writ Petition No. 6303 of 2021 (Shivdeep Singh and Another Vs. State of U P and 2 Others).
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 28.10.2021 Jaswant