Avnish @ Ashwini vs State Of Uttarakhand And Others
2023 Latest Caselaw 913 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.509 of 2023
Avnish @ Ashwini                                   ....Petitioner

                             Versus

State of Uttarakhand and Others                 ....Respondents

Present:-
            Mr. Pankaj Kumar Sharma, Advocate for the petitioner.
            Ms. Manisha Rana Singh, A.G.A. with Ms. Shivali Joshi,
            Brief Holder for the State.

                           JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of Case Crime

No.82 of 2023, dated 16.03.2023, under Section 2(b)(i)/3 of

the U.P. Gangsters and Anti-Social Activities (Prevention) Act,

1986 ("the Act"), Police Station Kankhal, District Haridwar,

with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, the petitioner, along with

co-accused, has formed a gang. They, in fact, polluted a

public examination by leak of paper. They are illicitly earning

money. They are selling public examination papers. They have

created sense of fear in the masses and nobody is ready and

willing to lodged FIR against them.

4. Learned counsel for the petitioner would submit

that the petitioner is a farmer; based on one case only, the

instant FIR has been lodged; in that case, the petitioner is on

bail; there is no evidence that the petitioner has committed

any offence.

5. It is a writ petition under Article 226 of the

Constitution of India. In case, the FIR discloses commission of

offence, generally, no interference is warranted unless there

are compelling circumstances to do so.

6. The FIR, under the provisions of the Act can be

lodged even on the basis of a single case, as laid down by the

Hon'ble Supreme Court in the case of Shraddha Gupta Vs.

State of Uttar Pradesh, 2022 SCC OnLine SC 514.

7. This Court, at this stage, may not examine the

truthfulness and credibility of the FIR, which has been lodged

against the petitioner. It is a matter of investigation. The FIR,

in the instant case, definitely discloses the commission of

offence. Therefore, this Court is of the view that there is no

reason to make any interference. Accordingly, the petition

deserves to be dismissed at the stage of admission itself.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 03.04.2023 Ravi Bisht