Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2797 of 2021 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pavan Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondents and perused the record.
The present writ petition has been filed by the petitoner for quashing the first information report dated 1.1.2021 registered as Case Crime No.01 of 2021, under Section 3/2 U.P. Gangster Act, P.S.- Phoolpur, District Prayagraj with further prayer not to arrest the petitioners in pursuance of the aforesaid FIR during the pendency of the present writ petition.
Learned counsel for the petitioner submits that the petitioner was arrested in Case Crime No. 214 of 2020, under sections 401, 411, 413, 420, 467, 468, 471 IPC and thereafter five cases have also been planted against the petitioner and on the basis of those cases the F.I.R. under Gangster Act has been lodged. Neither the petitioner is a member of any gang nor involved in any Anti Social Activities. The impugned F.I.R. has been lodged only for the purpose of harassment. The petitioner is on bail in those cases which have been shown in the gang chart. therefore the impugned FIR is liable to be quashed.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that as per gang chart there are six cases against the petitioner. From the allegation made in the first information report it cannot be said that no offence is made out against the petitioner, therefore the impugned FIR is not liable to be quashed.
Six cases have been shown in the gang chart against the petitioner.
Considering the facts and circumstance of the case and submissions advanced by the learned counsel for the parties, we do not find it a fit case for quashing the impugned FIR, therefore the prayer for quashing the same is hereby refused and the writ petition is dismissed.
However, if the petitioner appears and surrenders before the court below within a period of 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 7.4.2021/A.