Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3726 of 2021 Petitioner :- Sintu @ Seetu Respondent :- State of U.P. and Others Counsel for Petitioner :- Usha Srivastava,Arjit Srivastava,Vinod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State through video conferencing and perused the record.
The filing of the certified copy of the impugned F.I.R. is exempted. The exemption application is allowed.
The present writ petition has been filed by the petitioner for quashing of the first information report dated 28.2.2021 registered as case crime no. 66 of 2021 under section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act 1986, police station Rajepur District Farrukhabad with a further prayer not to arrest the petitioner in pursuance of the aforesaid F.I.R.
Learned counsel for the petitioner submitted that in gang chart only one case crime no. 127 of 2020 under section 60(2) Excise Act, police station Rajepur District Farrukhabad has been shown and on the basis of that solitary case the impugned F.I.R. under Gangster Act has been lodged against the petitioner. It has further been submitted that neither the petitioner is member of any gang nor he is involved in any anti social activities. False story has been concocted by the prosecution and the impugned F.I.R. has been lodged only for the purpose of harassment. Offence under gangster act is not made out against the petitioner.
per contra learned A.G.A. opposed the prayer for quashing of the first information report and argued that as per gang chart the co -accused Ram Lakhan is gang leader against whom four criminal cases have been lodged and the impugned F.I.R. has been lodged against four persons including the petitioner. The petitioner is real brother of Ram Lakhan who is a gang leader. From the allegation made in the first information report prima facie cognizable offence is made out against the petitioner, therefore, impugned F.I.R. is not liable to be quashed.
The impugned F.I.R. has been lodged against four persons including the petitioner. Ram Lakhan is said to be the gang leader of the gang against whom four criminal cases have been lodged. The petitioner is real brother of Ram Lakhan. From the allegation 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 and the writ petition is hereby dismissed.
However, in case, the petitioner appears and surrenders before the court below within a period of 30 days from today and applies for bail his prayer for bail shall be considered and decided expeditiously in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad.
Order Date :- 19.5.2021 Gss Digitally signed by Justice Bachchoo Lal Date: 2021.05.19 14:05:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.19 14:07:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad