Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2135 of 2021 Petitioner :- Mohd. Nafees Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yadavendra Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 17.04.2020 registered as Case Crime No. 83 of 2020, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Shivrajpur, District Kanpur Nagar.
The allegation in the impugned first information report is in respect of constitution of a gang that indulges in cow slaughter and trade in beef for making pecuniary gains.
As against the gang members, case crime nos. 49 of 2018; 66 of 2018; 23 of 2019; and 636 of 2019 are cited in the impugned first information report.
The contention of the learned counsel for the petitioner is that in so far as the petitioner is concerned there is just a solitary case against him in which he was falsely implicated and was granted bail by the Court of Additional District and Sessions Judge, Court No.4, Kanpur Dehat vide order dated 14.08.2019.
Be that as it may, it is not the requirement of law that all the members of the Gang must commit specified anti-social activities collectively as a gang may operate through its member individually as well, as would be clear from the statutory definition of gang.
Under the circumstances, since the allegations disclose constitution of a gang, the matter would have to be investigated and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 8.4.2021 Sunil Kr Tiwari