Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 23404 of 2019 Petitioner :- Rashid And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent Nos. 1 &2, and perused the record.
The instant petition seeks quashing of the First Information Report dated 14.10.2019, registered as Case Crime No. 537 of 2019, under Section 3(1) of U.P. Gangster & Anti Social Activities (prevention) Act, 1986 at Police Station-Kotwali Gursahaiganj, District- Kannauj.
The allegation in the First information Report is that the petitioner is part of a gang which indulges in illegal manufacture of country made arms.
The contention of learned counsel for the petitioner is that there was just a solitary case registered against the petitioner and on the basis of a solitary case, it cannot be logically concluded that the petitioner is having a gang.
Whether the petitioner is engaged in anti-social activities as a member of a gang is a question of fact which would have to be determined on the basis of material collected during investigation.
Under the circumstances, the matter would have to be investigated.
Hence, the prayer of the petitioner to quash the First Information Report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for the bail.
Order Date :- 28.11.2019 SY