Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3711 of 2021 Petitioner :- Raju Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narayan Singh(Kushwaha) Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for respondent nos. 1 to 3 through video conferencing and perused the record.
The present writ petition has been filed by the petitioner for quashing of FIR dated 13.11.2020 registered as Case Crime No. 296 of 2020, under section 2/3 U.P. Gangster and Anti Social Activities(Prevention) Act, Police Station Nidhauli Kalan, District Etah with a further prayer not to arrest the petitioner in pursuance of aforesaid FIR.
Learned counsel for the petitioner submits that in gang-chart only one case(Case Crime No. 213 of 2020) under section 147, 148, 149, 307,323, 504, 506, 386, 188, 269, 270 and section 3 Mahahari Act and section 7 of Criminal Amendment Act, Police Station Nidhauli Kalan, District Etah has been shown against the petitioner and on the basis of that solitary case, impugned FIR under Gangsters Act has been lodged against the petitioner. The petitioner was not named in Case Crime No. 213 of 2020 and now he is on bail in that case. It has further been submitted that the petitioner is neither a member of gang nor involved in any anti-social activity. Hence, offence under section 2/3 U.P. Gangster and Anti Social Activities(Prevention) Act is not made out against the petitioner and 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 impugned FIR has been lodged against five persons including the petitioner. Nirali is the gang leader against whom and Faizan, two cases have been lodged; and one case has been lodged against rest of the accused including the petitioner. From the allegations made in the FIR, it cannot be said that no offence is made out against the petitioner. Therefore, the impugned FIR is not liable to be quashed.
As per gang-charge, two cases have been shown against the gang leader and one named accused, and one case has been shown against the petitioner and other remaining accused. As per allegation of impugned FIR, the petitioner is a member of gang and petitioner alongwith other accused are involved in committing offence under Chapter 8,10,14,16 and 17 of IPC. From the allegations made in the FIR, it can not be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find any ground to quash the impugned FIR, therefore, the prayer for quashing the same is refused and the writ petition is dismissed.
Order Date :- 21.5.2021 P.P.
Digitally signed by Justice Bachchoo Lal Date: 2021.05.21 17:38:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.21 17:43:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad