Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 17231 of 2020 Petitioner :- Naushad Khan Respondent :- State of U.P. and Another Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for the petitioner and learned AGA for State.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report dated 30.11.2020 registered as Case Crime No. 0741 of 2020, under Section 3(1) of The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Kannauj, District Kannauj with a further prayer to stay the arrest during pendency of investigation of the said case.
The sole submission of learned Counsel for the petitioner is that the impunged FIR has been lodged under the provisions of The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 on basis of a single case against the petitioner under Arms Act whereas offences under the Arms Act are not covered under the anti-social activities enumerated under the Clause-(b) of Section 2 of the The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
We have gone through the provisions of Act particularly the definition clause wherein under Section 2(b) 'gang' is defined as group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti-social activities, namely:-
. (xxii) involving in manufacture, sale and transportation of arms and ammunition in contravention of Sections 5, 7 and 12 of the Arms Act, 1959.
We thus find that offences under Sections 5, 7 and 12 of the Arms Act are squarely covered under the Act. Concededly, the petitioner is charged of offence under Section 5 of the Arms Act, 1959 apart from other sections in Case Crime No.546 of 2020. A huge quantity of arms and ammunition were recovered from him. The allegation in the said case is that the petitioner is running illegal arms factory along-with other members of the gang.
We thus find no force in the submission of learned Counsel for the petitioner.
The writ petition is devoid of merit and is dismissed, accordingly.
.
(Rajendra Kumar-IV,J.) (Manoj Kumar Gupta,J.) Order Date :- 6.1.2021 I.A.Siddiqui