Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3379 of 2021 Petitioner :- Uma Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Tiwari(Ac),Atal Bihari Tripathi 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 respondent nos.1 to 3 through video conferencing and perused the record.
The present writ petition has been filed by the petitioner for quashing the FIR dated 16.2.2021 which was registered as Case Crime No.0065 of 2021 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Shahpur, District Gorakhpur with a further prayer not to arrest the petitioner in pursuance of the aforesaid case.
Learned Counsel for the petitioner submits that in gang chart, only one case has been shown against the petitioner and on the basis of that solitary case, FIR has been lodged against him. It has further been submitted that neither he is member of any gang nor involved in any anti social activities. No offence is made out against the petitioner, therefore, the impugned FIR is liable to be quashed.
Per contra learned AGA opposed the prayer for quashing the FIR and argued that in FIR, it has been mentioned that the petitioner and other named co-accused are involved in making liquor. There is a gang of petitioner and other named co-accused and they are earning undue benefit by selling the country made liquor. From the allegations made in FIR, it cannot be said that no cognizable offence is made out against the petitioner, therefore, the impugned FIR is not liable to be quashed.
In gang-chart one case registered as Case Crime No.150 of 2020 has been shown against the petitioner. As per FIR, the petitioner and other named co-accused are involved in selling country made liquor and earning benefit by it. From the allegations made in FIR, it cannot be said that no cognizable offence is made out against the petitioners.
Considering the facts and circumstances of the case and submissions advanced by the learned Counsel for the parties, we do not find it a fit case for quashing the impugned FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is 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.
Order Date :- 19.5.2021 S. Singh