In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3556 of 2021 Petitioner :- Shahid Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent through video conferencing.
By means of the present petition, the petitioners are seeking for quashing of the first information report dated 31.03.2021 registered as Case Crime No.0123 of 2021, under Sections 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S.- Bhojpur, District- Moradabad.
The contention of the learned counsel for the petitioners is that the petitioners herein have been falsely implicated for the alleged commission of offence under Section 3(1) of the U.P. Gangster Act on account of village party-bandi. It is stated in the writ petition that the petitioner has no criminal history.
Be that as it may, looking to the allegations made in the first information report, though we do not find it a fit case for quashing of the first information report, but it is provided that the petitioner shall not be arrested in the aforesaid case till submission of the police report under Section 173(2) Cr.P.C. He shall, however, cooperate with the investigation and shall not make any attempt or effort to contact or influence the witnesses of the case.
The writ petition is, accordingly, disposed of. Order Date :- 21.5.2021 Radhika