Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24382 of 2019 Petitioner :- Tauseef Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Hasham,Syed Faiz Hasnain Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the first information report dated 26.09.2019 which is registered as Crime Crime No.290 of 2019, under Section 3(1) U.P. Gangster Act and Anti Socialism Act, 1986, Police Station Asmauli, District Sambhal.
The first information report has been lodged by the first informant namely Ranveer Singh, Sub Inspector of Police Station Asmauli, District Sambhal against the petitioner Tauseef and four other co-accused persons namely Taufeeq, Merazuddin, Anees & Nadeem under Sections 3(1) U.P. Gangster Act and Anti Socialism Act, 1986 on the allegations that the petitioner no.1 has established an organized gang and he is the leader of the gang and the four co-accused are the active members of the said gang.
The petitioner's contention is that two cases have been shown in the gang chart against the petitioner and on the basis of those cases the Gangster Act has been slapped upon the petitioner. The petitioner has no concern with the alleged offence and he has been falsely implicated in the present case due to political rivalry of the village.
A bare reading of the impugned FIR goes to show that the allegations prima-facie constitute commission of cognizable offence, hence, there is no reason to quash the same.
Writ petition, accordingly, stands dismissed.
Order Date :- 29.11.2019 Jitendra