Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 16905 of 2018 Petitioner :- Zahid @ Sukka Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 19.04.2018 registered as Case Crime No. 61 of 2018, under Section 2/3 U.P. Gangster Act & Prevention of Anti Social Activities Act, 1986,, P.S. Kakrauli, District Muzaffarnagar.
It is submitted by learned counsel for the petitioner that the impugned FIR has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against him It is further contended that according to gang charge only two cases have been shown against the petitioner in which he has been released on bail. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, it is directed that in case the petitioner no. 1 appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. With the aforesaid direction, this petition is finally disposed of. Order Date :- 27.7.2018 RPD