Hon'ble Jaspreet Singh,J.
The Court has been convened through video conferencing.
Heard Sri Sushil Kumar Singh, learned counsel for the petitioners, Ms. Nand Prabha Shukla, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner, namely, Subhash Verma & another, seeking quashing of the F.I.R. No.182 of 2021, under Section 2/3(1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Lambhua, District Sultanpur.
Learned counsel for the petitioners submits that the petitioner no.1, namely, Subhash Verma has been falsely implicated in the present case on the basis of one case mentioned in the gang chart, i.e. Case Crime No.166 of 2020, under Sections 188/270 I.P.C. & Section 3 of Epidemic Act and Section 56 of Disaster Management Act and petitioner no.2, namely, Sushil Kumar Singh has been falsely implicated in the present case on the basis of two cases mentioned in the gang chart, i.e. Case Crime No.166 of 2020, under Sections 188/270 I.P.C. & Section 3 of Epidemic Act and Section 56 of Disaster Management Act and in Case Crime No.131 of 2016, under Sections 427, 435, 438, 452, 323 I.P.C., copy of which has been annexed as Annexure 1 of the present petition, hence, the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR and argued that simply because one and two cases have been shown against petitioner nos.1 and 2 respectively and in those cases charge sheet has been submitted, cannot be a ground for quashing the impugned FIR as from perusal of FIR, it discloses cognizable offence, hence the writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Anand/-