Hon'ble Narendra Kumar Johari,J.
1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 19.03.2019 at Case Crime No.146 of 2019, under Section 2/3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Bhadhokar, District Raebareli.
2. We have heard learned counsel for the petitioner and learned counsel for the State.
We have gone through the contents of the impugned First Information Report.
3. It has been pleaded by learned counsel for the petitioner that U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 has been invoked for alleged involvement of the petitioner in two cases. It has been pleaded that the petitioner is not absconding. The impugned proceedings are liable to be quashed.
4. The ground pleaded by learned counsel cannot be considered sufficient to quash the impugned First Information Report. Learned counsel has not shown lack of jurisdiction on the part of the official respondents in invoking U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986.
5. Learned counsel for the State does not dispute that the petitioner is not absconding.
We have taken into account the nature of the offences allegedly committed by the petitioner.
6. In the considered opinion of the Court, it would be just and proper to dispose of this petition with a direction that the petitioner be not taken in custody till police report is filed under Section 173 CrPC before the Court concerned.
7. Ordered accordingly.
Order Date :- 30.8.2019/Reena