Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26161 of 2019 Petitioner :- Nafeesh Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Istyak Khan Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,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 F.I.R. dated 3.12.2019 registered in Case Crime No. 189 of 2019, under Section 2/3 U.P. Gangsters Act, P.S. Khakhreru, district Fatehpur.
The learned counsel for the petitioner submitted that on the basis of solitary case bearing Crime No. 41 of 2019, under Section 3/5/8 Cow Slaughter Act and Section 11 Animal Cruelty Act the petitioner has been roped in the present case. The petitioner is also on bail in the said case. He is not a member of any gang. 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 allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioner. The innocence of the petitioner cannot be adjudged at this stage.
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. The petitioner has miserably failed to put forth any justifiable rationale for quashing the first information report. 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.
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 apply for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with the provision of the Gangsters Act.
Order Date :- 20.12.2019 Shahnawaz