Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10916 of 2019 Petitioner :- Mukesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Shukla Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rohit Shukla, learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 05.04.2019, registered as Case Crime No. 0118 of 2019 under Section 2/3 of U.P. Gangsters & Prevention of Anti Social Activities Act, 1986, Police Station-Raya, District-Mathura.
It is submitted by the learned counsel for the petitioners that the petitioners are being harassed unnecessarily at the dint of the first information report dated 05.04.2019. The petitioner no.1 has been falsely implicated in case being Crime No. 64 of 2019, under Sections 60/62/63 and Section 420 I.P.C., Case Crime No. 647 of 2018 under Section 60/62 and Section 467/468/471/272/273 I.P.C. and Case Crime No. 649 of 2018, under Section 63/72 and Section 272/273/420 I.P.C. and the other petitioner nos. 2, 3 and 4 have been falsely implicated in one case being Crime No.64 of 2019, under Sections 60/62/63 and Section 420 I.P.C., District-Mathura. In all the above noted case the petitioners are on bail. The petitioners could not grease the palm of the police personnel hence the petitioners have been roped under the Gangsters Act so as to confine them inside the jail. The petitioners are neither member of any gang nor are involved in any activities of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for themselves by indulging in anti-social activities. The life and liberty of the petitioners cannot be downsized merely on unsubstantiated and bald allegations hence the impugned F.I.R. may be quashed.
Per contra learned A.G.A. contended that with a view to break the the gangs by punishing the gangsters and to nip in the bud his conspiratorial designs it is necessary to advert special provisions for the prevention to criminal activities and also for coping with gangsters and anti-social elements. Even a single case is sufficient to attract the provisions of the Act. The element of actus reus is conspicuously present in the crime committed by the petitioners hence they do not deserve any indulgence.
From the rival submissions advanced by the learned counsel for the parties, it emerges out that the writ court is not competent to go into question of facts and on the allegations, it cannot be said that prima facie no offence is disclosed. The petitioners have miserably failed to put forth any justifiable rationale for quashing the F.I.R. In the decision of Kishan Pal @ K.P. Versus 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 petitioners can always appear before the court concerned and made 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 merits and is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, his prayer for bail shall be considered and disposed of by the court below expeditiously in accordance with the provision of Gangsters Act.
Order Date :- 25.4.2019 Rahul.