Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4199 of 2021 Petitioner :- Ramakant Nishad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atal Bihari Tripathi,A.C.Tiwari(Ac) Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
"A. Issue a writ, order or direction in the nature of writ of certiorari to quash the First Information Report dated 16.02.2021 in Case Crime No.0065 of 2021, under Sections 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station - Shahpur, District - Gorakhpur.
B. Issue a writ, order or direction in the nature of writ of Mandamus to stay the arrest of the petitioners in First Information Report dated 16.02.2021 in Case Crime No.0065 of 2021, under Sections 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station - Shahpur, District - Gorakhpur"
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon’ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR OnLine 2021 SC 192, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 27.7.2021/vkg