Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2973 of 2021 Petitioner :- Ravindra Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 05.10.2017 registered as Case Crime No.1185 of 2017, under Sections 147, 148, 149, 307, 332, 336, 353, 504, 34 IPC; and Section 7 Criminal Law Amendment Act, P.S. Kerakat, District Jaunpur.
The contention of the learned counsel for the petitioner is that although the allegations made in the impugned first information report disclose commission of cognizable offence but the allegations are absolutely false and the petitioner has been falsely implicated.
The learned counsel for the petitioner has invited our attention to an order on similar petition of co-accused wherein although the prayer to quash the first information report was declined but the petitioner was given protection from arrest till submission of police report under Section 173(2) Cr.P.C. or till collection of credible evidence.
Learned A.G.A. has pointed out that the the prayer of the co- accused to quash the first information report was refused upon finding that the FIR discloses commission of cognizable offence under the Gangsters Act as public gambling is one of the specified anti social activities. He further submitted that in the case of State of Telangana Vs. Habib Abdullah Jeelani and others: (2017) 2 SCC 779 the Apex Court has held that while declining the prayer to quash the first information report, the Court should not grant the relief of staying arrest pending investigation.
In view of the above, keeping in mind that the petition of co- accused for quashing of the first information report has been disposed off by declining the prayer to quash the first information report, in view of the law laid down by the Apex Court in the case of State of Telangana Vs. Habib Abdullah Jeelanai and others, neither the prayer of the petitioner to quash the first information report nor to stay his arrest can be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 8.4.2021 AKShukla/-