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ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH
Atul Jaiswal – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioners and learned AGA for the State.
2. The instant petition seeks quashing of the impugned F.I.R. dated 28.04.2023 giving rise to Case Crime No. 214 of 2023, under Section 3(1) of Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, Police Station Saraimeer, District Azamgarh.
3. Upon hearing learned counsel for the parties, we find that submissions made on behalf of the petitioners are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.
4. Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.
5. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
A second writ petition challenging the same FIR is not maintainable without permission from the Supreme Court, and procedural lapses in the preparation of gang charts do not automatically invalidate ....
Point of law: While holding the constitutional validity of the various provisions of the Gangster Act, the Court was of the view that under this Act, a person can be accused of an offence only if he ....
A petitioner has the right to withdraw a writ petition seeking to quash an FIR, allowing for the pursuit of other legal remedies.
Once the F.I.R. prima-facie discloses commissioning of cognizable offense, it cannot be quashed.
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