Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2599 of 2021 Petitioner :- Utsav Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 23.02.2021 registered as Case Crime No. 0056 of 2021 at P.S. Purani Basti, District- Basti, under Sections 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.
The allegation in the impugned first information report is that the petitioner is part of a gang which indulges in anti-social activities, which are offences punishable under Chapters 16, 17 and 22 of the Indian Penal Code. Two cases are cited in the first information report against the gang members.
The contention of learned counsel for the petitioner is that insofar as the petitioner is concerned, there is just one case registered against him in which he has been granted bail.
A perusal of the bail order, which is at page 26 of the paper book, would reflect that the petitioner was connected with a case of theft relating to various articles such as computer, inverter, etc. of a school. An inverter is said to have been recovered from the petitioner.
Whether the petitioner is part of a gang or not would depend on the organized nature of the anti-social activity, which would have to be determined on the basis of material collected during the course of investigation. But since the allegations are that he is part of a gang, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 7.4.2021 Kushal