Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25799 of 2019 Petitioner :- Pramod Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Narayan Pandey,Awadh Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 20.11.2018 registered as Case Crime No.224 of 2018, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Barsathi, District Jaunpur.
The allegations made in the impugned first information report are to the effect that the petitioner along with others constitute a gang which indulges in offences punishable under Chapter 16, 17 and 22 IPC for the purposes of making temporal and pecuniary gains. Number of cases have been cited against the gang members as a whole although, according to the learned counsel for the petitioner, as against the petitioner there is a solitary case.
As it is not the requirement of law that all gang members must collectively commit offences, the prayer to quash the first information report as against the petitioner cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 18.12.2019 AKShukla/-