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2021 Supreme(All) 29

SURYA PRAKASH KESARWANI, SHAMIM AHMED
Rajeev Alias Raji – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anil Kumar Singh,Sanjeev Kumar

JUDGMENT :

1. Heard Sri Sanjeev Kumar, learned counsel for the petitioners and Sri Ali Murtaza, learned A.G.A. for the State/respondents.

2. This writ petition has been filed praying for quashing the First Information Report dated 31.8.2020 registered as Case Crime No.502 of 2020 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as ‘the Act 1986’) and to stay arrest of the petitioners.

3. Learned counsel for the petitioners submits that liberty of individual is of paramount importance. The petitioners have applied for bail and their bail application is pending in respect of the aforesaid first information report. But since the first information report under the Act, 1986 has been registered on false and concocted allegations, therefore, the first information report deserves to be quashed.

4. Sri Ali Murtaza, learned A.G.A. submits that from bare reading of the first information report, offence is made out. Therefore, in view of the law settled by Hon’ble Supreme Court in catena of judgments, no interference can be made with the impugned first information report. He further submits that the second relief sought by the petition

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