Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34257 of 2018 Petitioner :- Raghvendra Mall Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amresh Kumar Tiwari,Ashwani Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,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 a prayer to quash the impugned F.I.R. dated 07.11.2018 registered as Case Crime no. 306 of 2018, under Sections 2/3 (1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Bara, District- Allahabad.
It has been submitted by learned counsel for the petitioner that the impugned first information report has been lodged against the petitioner on the basis of his involvement in only one case namely Case Crime No.102 of 2018 under Sections 419, 420, 467, 468, 471, 406, 386 IPC, P.S.- Bara, District - Allahabad (Annexure No. 5) in which he has been granted bail on 26.09.2018 by this Court. Moreover, the allegations made in the impugned F.I.R. are vague and sweeping and no specific instance of the petitioner indulging in any anti-social activities has been cited. The impugned F.I.R. which does not disclose ingredients of offence under Section 2/3 (1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioners.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till the submission of police report under Section 173 (2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 28.11.2018 Abhishek