Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24119 of 2019 Petitioner :- Tariq @ Guddu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajan Upadhyay,Ramesh Upadhyaya(Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for respondents No. 1 to 3 and perused the record.
The instant petition seeks quashing of the first information report dated 27.5.2019, registered as Case Crime No. 186 of 2019, at P.S. Shivkuti, District Prayagraj, under Section 2/3(1) U.P. Gangster and Anti-social Activities (Prevention) Act, 1986.
The allegation in the impugned first information report is that the petitioners constitute a gang which indulges in anti-social activities by committing offences punishable under Chapters 16 and 22 of I.P.C. with a view to establish their authority over others. There are two cases cited in the first information report which have been registered against the gang members. Both the cases, inter alia, relate to an offence pertaining to attempt of murder.
The contention of the learned counsel or the petitioners is that Case Crime No. 234 of 2018 shown registered against the petitioners is in respect of attempt on the life of one Najme Hasan who himself is a gangster and, therefore, the said case should not be read against the petitioners and moreover the said case is a false case.
Be that as it may, correctness of the allegations is not to be tested in the writ jurisdiction at this stage.
Since the first information report alleges constitution of a gang which indulges in anti-social activities to make temporal and pecuniary gain, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail.
Order Date :- 26.11.2019 Vandana