Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30414 of 2018
Petitioner :- Nishchal Saraswat
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sandeep Kumar Gupta,Bratendra Singh
Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A.for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. in case crime no. 399 of 2017, under Section 2 /3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at P.S. Piluwa, District-Etah.
From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, it is directed that in case the petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 and Lal Kamlendra Pratap Singh Versus State of U.P. which has been approved by the Hon'ble Apex Court in reported in 2009(4) S.C.C. 437.
With this direction, this petition is finally disposed of.
Order Date :- 27.10.2018 AKT