Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3706 of 2021 Petitioner :- Tarachandra Rai Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Virendra Kumar Jaiswal 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 present writ petition has been filed by the petitioner for quashing the FIR dated 22.4.2021 registered as Case Crime No. 0180 of 2021, under section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali, District Jhansi with a further prayer not to arrest the petitioner in pursuance of the aforesaid FIR.
Learned counsel for the petitioner submits that in gang chart only one case bearing Case Crime No. 321 of 2019, under section 272, 420, 467, 468, 471, 34 IPC and 16(2) of U.P.
Excise Act, P.S. Kotwali, District Jhansi has been shown against the petitioner in which he is on bail and on the basis of that solitary case the gangster act has been slapped upon the petitioner. It has further been submitted that petitioner is neither a member of any gang nor he is involved in any anti social activities. In the case of Excise Act the petitioner was also not named. His name came into light during investigation. No offence is made out against the petitioner.
Per contra; learned A.G.A. argued that the impugned FIR has been lodged against 12 persons including the petitioner. In gang chart Ravi Rai has been shown gang leader against whom 2 criminal cases have been lodged. In FIR it has been mentioned that petitioner and other accused are committing offence Under Chapter 16 and 17 of Indian Penal Code and they are involved in anti social activities. It has further been mentioned that the FIR was lodged against the petitioner and other accused for manufacturing adulterated liquor. From the allegations made in FIR prima facie cognizable offence is made out against the petitioner, therefore, the impugned FIR is not liable to be quashed.
The FIR has been lodged against 12 persons including the petitioner. The allegation against the petitioner and other named accused is that the petitioner and other accused are involved in manufacturing adulterated liquor and they are committing offence Under Chapter 16 and 17 of Indian Penal Code. From the allegations made in FIR it can not be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find any ground to quash the impugned FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
However, if 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.
Order Date :- 21.5.2021 Masarrat Digitally signed by Justice Bachchoo Lal Date: 2021.05.21 17:16:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.21 17:16:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad