Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16199 of 2020 Petitioner :- Shane Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Nath Bhatt Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos. 1 & 2 and perused the record.
This petition has been filed by the petitioner seeking quashing of the F.I.R. dated 14.05.2020 registered as Case Crime No.110 of 2020, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, Police Station- Saidnagli, District- Amroha, with a further prayer not to arrest the petitioner in pursuance of the said F.I.R..
Learned counsel for the petitioner submits that neither the petitioner is a member of any gang nor he is involved in any anti social activities. Three cases were lodged against the petitioner on the same day and thereafter the F.I.R. under Gangsters Act has been lodged against the petitioner. The impugned F.I.R. has been lodged only for the purpose of harassment. No offence is made out against the petitioner. Therefore, the impugned F.I.R. is liable to be quashed.
Per-contra learned A.G.A. opposed the prayer for quashing the F.I.R. and argued that in the gangchart three cases have been shown against the petitioner. From the allegations made in the first information report, it cannot be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not find it a fit case for quashing the first information report, therefore, prayer for quashing the same is refused.
The writ petition is accordingly dismissed.
Order Date :- 8.1.2021 Asha