Fakhruddin Alias Sameer Ali vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5398 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3929 of 2022
 

 
Petitioner :- Fakhruddin Alias Sameer Ali
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Others
 
Counsel for Petitioner :- Shailendra Kumar Tiwari,Amrit Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Jaspreet Singh,J.

Heard Shri Shailendra Kumar Tiwari, learned counsel for the petitioner and the 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, seeking issuance of a writ in the nature of certiorari quashing impugned F.I.R. dated 26.04.2022 registered as Case Crime No.0127 of 2022, under Section 3 (1) of U.P. Gangster Act, Police Station Lonikatara, District Barabanki with a further prayer to stay the arrest of the petitioner.

Learned counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the present case on the basis of one case i.e. Case Crime No.167 of 2019 under Sections 3/5 ka/8 Cow Slaughter Act and Section 11 of Animal Cruelty Act in which the petitioner has been enlarged on bail by a coordinate Bench of this Court vide order dated 09.07.2019 in Bail Application No. 6076 of 2019. Copy of the gang chart is annexed as Annexure No.2 to the present petition. He next argued that opposite party no. 4 lodged a false FIR against the petitioner leveling totally false and fabricated allegations. 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 further submitted that the Gangsters 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 jurisdiction under Article 226 of the Constitution of India for quashing the F.I.R. or for grant of any interim relief to the petitioner.

The petition lacks merit and is, accordingly, dismissed.

(Jaspreet Singh, J.) (Ramesh Sinha, J.)

Order Date :- 27.6.2022

Asheesh/Rakesh