Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5970 of 2021 Petitioner :- Salman Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shujauddin Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
The writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 6.3.2021, registered as Case Crime No.0147 of 2021, under Section 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, P.S. Chandpur, District Bijnore.
It is submitted that the petitioner has been wrongly implicated in the impugned F.I.R. lodged under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. There is only one incident in the past in relation to which three first information reports were lodged on the same day. The petitioner is not member of any gang.
We have gone through the impugned F.I.R. which shows that the petitioner is engaged in illegal activity along with members of his gang in order to make financial and temporal gains. In the earlier first information report, the allegation was that the petitioner and members of his gang were caught red handed, planning to commit dacoity. In all the three cases charge-sheets have been filed against the petitioner and other accused- persons. The question as to whether the petitioner is member of said gang or not cannot be examined in the writ jurisdiction.
The petition lacks merit and is dismissed with liberty reserved in favour of the petitioner to apply for bail or seek such other remedy as may be advised.
Order Date :- 13.8.2021 Tamang (Mohd. Aslam,J.) (Manoj Kumar Gupta,J.)