Rahees Alias Rais vs State Of U.P. Thru. Secy. Home ...
2022 Latest Caselaw 11723 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6301 of 2022
 
Petitioner :- Rahees Alias Rais
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. And Others
 
Counsel for Petitioner :- Afzal Hasan
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Renu Agarwal,J.

Heard Shri Afzal Hasan, learned Counsel for the petitioner, Shri Arun Kumar Pandey, learned A.G.A. for the State-respondents and perused the impugned F.I.R. as well as material brought on record.

The present writ petition has been filed by the petitioner- Rahees Alias Rais with a prayer to issue a writ in the nature of certiorari to quash the impugned FIR dated 07.06.2022 registered as F.I.R. No.0293 of 2022, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Gangster Act"), Police Station Nanpara, District Bahraich with a further prayer to not arrest the petitioner in pursuance of impugned F.I.R.

It has been argued by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the present case on the basis of one case, mentioned in the gang chart. Copy of gang chart is annexed as Annexure-2 to the present petition. He next argued that the petitioner has been granted bail in the aforesaid cases by the court below, as is evident from the letter written to the opposite party no.3 by the court below dated 04.01.2021, a copy of the same is annexed as Annexure No.3 to the writ petition and the impugned F.I.R. under the Gangster Act has been lodged on 07.06.2022, which is just an abuse of process of law. He next argued that the petitioner is neither member nor run any gang involved in anti-social activities, hence he does not fall within the ambit of gangster as defined under Section 2(c) of the Gangster Act. He further submits that except one case, petitioner has no criminal history and even the alleged case was registered on the basis of concocted story. It has further been argued that the petitioner has not committed any offence and, prima facie, no case is made out against him, hence, the impugned F.I.R. is liable to be quashed.

Per contra, learned A.G.A. has submitted that from perusal of the allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioner, hence the impugned F.I.R. is not liable to be quashed. He has further submitted that the Gangster Act can be invoked even on the basis of single case. In support of his submissions, he has relied upon the Apex Court judgment in the case of Shraddha Gupta v. State of U.P. and others [2022 Law Suit (SC) 535].

After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.

The petition lacks merit and is, accordingly, dismissed.

(Renu Agarwal, J.) (Ramesh Sinha, J.)

Order Date :- 30.8.2022

Shubhankar