Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2848 of 2021 Petitioner :- Montu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kaushal Upadhyay 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 the State-respondents and perused the record.
The present writ petition has been filed by the petitioner for quashing the FIR dated 11.2.2021 registered as Case Crime No. 165 of 2021, under section 2/3 U.P. Gangster Act, 1986, P.S. Loni, District Ghaziabad with a further prayer not to arrest the petitioner in pursuance of the aforesaid FIR.
The submission of learned counsel for the petitioner is that the FIR under gangster act has been lodged only on the basis of one Case Crime No. 558 of 2020, under section 302, 120B IPC, P.S. Loni, District Ghaziabad In which the petitioner is on bail and in that case the name of petitioner came into light on the basis of confessional statement of co-accused. In that case the allegation of hatching conspiracy has been levelled against the petitioner. The petitioner is neither a member of any gang nor he is involved in any anti social activities, therefore, no offence is made out against the petitioner.
Per contra; learned A.G.A. opposed the prayer for quashing the FIR and argued that the impugned FIR has been lodged against 11 persons including the petitioner. There is criminal history of other co-accused. On case has also been lodged against the petitioner. As per FIR the petitioner is a member of gang and committing offence of murder, robbery and extortion. From the allegations made in FIR it can not be said that no offence is made out against the petitioner, therefore, the impugned FIR is not liable to be qashed.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find it a fit case for quashing the FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
However, if the petitioner appears and surrenders before the court below within a period of 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 7.4.2021 Masarrat