Allahabad High Court
Shyam Kumar vs State Of U.P. And 2 Others on 11 August, 2021
Bench: Pritinker Diwaker, Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4953 of 2021
Petitioner :- Shyam Kumar
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Jitendra Singh
Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Jitendra Singh, learned counsel for the petitioner and Sri P.S. Jadon, learned AGA for the State-respondents.
This writ petition has been filed by the petitioner, seeking quashment of FIR dated 21.6.2021 in respect of Crime No. 397 of 2021 for the offence under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sadar Bazar, District Shahjahanpur.
Counsel for the petitioner submits that only on the basis of solitary case, provisions of Gangsters Act have been applied, which is not permissible under the law.
On the other hand, State counsel opposes the writ petition.
The case of the petitioner is squarely covered by the judgment of this Court passed in a bunch of writ petitions, leading case being Criminal Misc. Writ Petition No. 3938 of 2021 (Ritesh Kumar @ Rikki vs. State of U.P. and another). In paragraph 29 of the said judgement, it has been held by this Court that:
"After having heard the learned counsels for the parties and perusing the records, it is apparent that barring Criminal Misc. Writ Petition No. 4149 of 2021, all the above writ petitions were argued on the common point for which the question as framed, is answered that as per the settled principles of law, the lodging of a first information report on the basis of a single case, is valid and permissible. In a petition under Article 226 of the Constitution of India, this Court cannot adjudicate the correctness of the allegations in the impugned first information reports or the cases on the basis of which the impugned first information reports have been lodged. The writ petitions are thus dismissed."
Considering the above proposition of law and the arguments advanced by learned counsel for the parties, we are of the view that the petition has no substance, and the same is liable to be dismissed. Accordingly, the same is dismissed.
Dismissal of writ petition may not come in the way of petitioner to file regular bail application before the competent court.
Needless to state that in the eventuality of filing regular bail application by the petitioner before the competent court, it is expected from the competent court to decide the same expeditiously, considering all the aspects of the case. The Court dealing with the bail application may not be influenced by the above mentioned judgment (supra) passed by this Court because the parameters of a writ petition seeking quashment of FIR and the person seeking regular bail, are entirely different. The bail application is to be decided in accordance with law considering the principles governing grant or refusal of bail.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall made a declaration of such verification in writing.
Order Date :- 11.8.2021
RK
