Anwar Shahzad vs State Of U.P. And Others
2021 Latest Caselaw 8267 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3668 of 2021
 

 
Petitioner :- Anwar Shahzad
 
Respondent :- State of U.P. and Others
 
Counsel for Petitioner :- Ajay Srivastava,Gopal Swarup Chaturvedi(Senior Adv.),Mohd. Farooq
 
Counsel for Respondent :- G.A.,Gambhir Singh
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

Heard Sri Gopal Chaturvedi, learned Senior Advocate, assisted by Sri Ajay Srivastava, learned counsel for the petitioner and Sri Gambhir Singh, learned A.G.A. for the State-respondents.

Sri Gopal Chaturvedi, learned Senior Advocate in continuance of the submissions further submits as under:-

(i) The order passed by the District Magistrate, Mau under Section 14(1) of Act 1986 with respect to one Mukhtar Ansari dated 07.06.2021, has nothing to do with the case of the petitioner or the FIR lodged against the petitioner under Section 3(1) of the Act, 1986 being FIR No. 0055 of 2021 dated 19.03.2021, Dakshintola, District Mau.

(ii) The impugned FIR registered against the petitioner on the basis of Criminal Case No. 004 of 2020, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 30 of the Arms Act, Police Station Dakshintola, District Mau, being single case as shown in the gang chart, cannot be made basis for registering the impugned FIR under Section 3(1) of the Act, particularly when the FIR No. 04 of 2020 was registered on the basis of an alleged incidence of the year 2001.

Learned A.G.A. support the impugned FIR and submits that the F.I.R. under Section 3(1) of the Act, 1986 can be registered even on the basis of the single case. Reliance has been placed upon a Division Bench judgment in the case of Rinku Alias Hukku Versus State of U.P. and another, 2002 (2) AWC 1446, 2000 CriLJ2834, (paras 7 & 8) and Udham Singh Versus State of U.P. and others 2008 (61) ACC 642, (paras 8 & 9), decided on 26.03.2008 in Criminal Writ Petition No.4555 of 2008.

Judgment reserved.

Order Date :- 19.7.2021

T.S.