Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11128 of 2019 Petitioner :- Sagar Verma Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State- respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 12.03.2019 registered as Case Crime No. 139 of 2019 at P.S. Nai Mandi, District-Muzaffar Nagar, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The allegation in the impugned first information report is that the petitioner along with two others constituted a Gang which indulges in committing offences like loot, theft, etc. for the purpose of pecuniary and temporal gains. In support of the allegations, six cases against the Gang members have been disclosed in the Gang Chart.
The contention of the learned counsel for the petitioner is that against the petitioner there is a solitary case i.e. Case Crime No. 1089 of 2018 at P.S. Nai Mandi, District Muzaffar Nagar in which the petitioner was not named and nothing incriminating was recovered from the possession of the petitioner but he was implicated on the basis of confessional statement of co-accused. It has been submitted that in that case the petitioner has been granted bail by order dated 17.01.2019 passed by the Court of Sessions, Muzzaffar Nagar.
Be that as it may, it is not the requirement of law that all gang members must do anti social activities collectively, they may act individually, therefore, whether the petitioner is a member of Gang or not would depend upon the material collected during the course of investigation. Hence, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and be brought to its logical conclusion but, subject to petitioner's co-operation in the investigation, he shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 26.4.2019 Sunil Kr Tiwari