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2023 Supreme(All) 1169
IN THE HIGH COURT OF ALLAHABAD
ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH, JJ.
Atul Jaiswal And Another - Petitioners
Versus
State Of U.P. And Others - Respondents
Criminal MISC. Writ Petition No. 13666 of 2023
Decided On : 29-08-2023
For the Petitioners: Rashid Ali, Anil Kumar Srivastava.
Headnote:
Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act - Section 3(1) - Seeking quashing of first information report - Held, allegations made in First Information Report clearly disclose commission of cognizable offences and allegations are serious in nature - Therefore, prayer of the petitioner to quash First Information Report is completely misconceived and is rejected - Writ petition dismissed.
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.
