Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4845 of 2018 Petitioner :- Naved And 7 Others Respondent :- State Of Up Through Home Secretary U P Lucknow And 2 Others Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA appearing for the State.
This petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 30.06.2017 lodged by the respondent no.3 in Case Crime No. 100 of 2017, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevetion) Act, 1986, P.S. Gadhipukhta, District Shamli.
From the perusal of the FIR, it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. Therefore, the prayer for quashing the impugned FIR is refused.
However, considering the facts and circumstances of the case, this petition is disposed of with a direction that in case the petitioners surrender and apply for bail within three weeks from today before the Court below, the same shall be considered and decided expeditiously on its intrinsic merit by the Court below in accordance with the provisions of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Order Date :- 27.2.2018 S.S.
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(Ashok Kumar, J.) (Vikram Nath, J.)