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2016 DIGILAW 2194 (ALL)

Rohit Tiwari v. State of U. P.

2016-06-14

AMAR SINGH CHAUHAN, V.K.SHUKLA

body2016
JUDGMENT Petitioner has approached this Court with a request to quash the FIR dated 05.04.2016 registered as Case Crime No. 229 of 2016 under Section 3(1) of U.P. Gangster and Antisocial Activities (Prevention) Act, Police Station- Barsathi, District- Jaunpur. 2. In the present case, first information report has been lodged by respondent no. 2, Jitendra Singh, SHO, Police Station- Barsathi, District- Jaunpur against the petitioner, registered as Case Crime No. 229 of 2016 under Section 3(1) of U.P. Gangster and Antisocial Activities (Prevention) Act, on mentioning therein that accused persons are gangsters and they are engaged in criminal activities for economic and physical advantage and as far as petitioner is concerned, there are two cases against him i.e. (i) Case Crime No.484/2015 Sections 384, 504, 506 IPC and 41, 411 IPC, P.S. Maharajganj, District Jaunpur (ii) Case Crime No.396/2015 Sections 384, 504, 506 IPC and 41, 411 IPC, P.S. Barsethi, District Jaunpur. 3. Petitioner is contending that he is neither gangster nor member of any gang nor has formed any gang for economic and physical advantage, as such FIR that has been lodged against him under Section 3(1) of U.P. Gangster and Antisocial Activities (Prevention) Act is liable to be quashed. 4. Request that has been made by the petitioner has been resisted by learned A.G.A. by contending that once FIR has been lodged and investigation is on, as such, this Court should not interfere in the matter. 5. After respective arguments have advanced, this Court proceed to take note of Division Bench judgment of this Court in the case of Kishan Pal @ K.P Vs. State of U.P. and another reported in 2006 (54) ACC 1015, wherein this Court has proceeded to mention where request has been made for quashing of FIR under Section 3(1) of U.P. Gangster and Antisocial Activities (Prevention) Act, no interference should be made at the stage of investigation and the matter should be dealt with as per the directives given therein. 6. In the present case also FIR has been lodged and therein mention has been made that petitioner is active member of a gang, which is engaged in anti social activities and gang chart reflects that petitioner has been arrayed as an accused for committing said offence in question. 7. 6. In the present case also FIR has been lodged and therein mention has been made that petitioner is active member of a gang, which is engaged in anti social activities and gang chart reflects that petitioner has been arrayed as an accused for committing said offence in question. 7. Once such are the allegations mentioned in the impugned FIR and the investigation is on then this Court, at this stage of proceeding, refuses to interfere in the matter following the ratio laid down by Division Bench of this Court in the case of Kishan Pal (Supra), in view of this, writ petition is dismissed.