Allahabad High Court
Kamlesh vs State Of U.P.And 2 Others on 9 November, 2022
Bench: Mahesh Chandra Tripathi, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 16531 of 2022
Petitioner :- Kamlesh
Respondent :- State Of U.P.And 2 Others
Counsel for Petitioner :- Mohd. Kamar Shah Alam
Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A, for the State respondents.
The relief sought in this petition is for quashing of the impugned FIR dated 10.10.2022 registered as Case Crime No.0261 of 2022 under Sections 2/3 (1) of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Khiri, District Prayagraj. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/ vexatious/ mischievous allegations, and no offences are made out against the petitioner. Learned counsel for the petitioner further submits that the petitioner has been falsely implicated in the present case and no offence under Section 3 (1) of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986 is made out against him. He has good reputation in the society. Neither he is leader of any gang nor runs any gang involved in any activity of disturbing public order. There is a solitary case against the petitioner.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019 and therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed in light of the judgment passed by the Hon'ble Apex Court in Shraddha Gupta Vs. State of U.P. and others (Criminal Appeal Nos.569- 570 of 2022), decided on 26.04.2022, leaving it open for the petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioner and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 9.11.2022
n.u.
