Court No. - 20 Case :- MISC. BENCH No. - 7296 of 2010 Petitioner :- Habib Ur Rahman Respondent :- State Of U.P.Through The Prin. Secy. Home Deptt. Civil Sectt Petitioner Counsel :- Upendra Sharma Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State as
well as perused the record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned First Information Report dated
29.5.2010 lodged by the Opposite Party No. 3 at Crime No. 837 of 2010,
under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention)
Act, 1986 Act registered at Police Station Mohammadi, District Kheri and
also for direction to the opposite parties not to arrest him in pursuance of the
said impugned First Information Report.
We have gone through the contents of the First Information Report which
disclose the commission of cognizable offence and as such it cannot be
quashed.
The Writ Petition is, therefore, dismissed.
However, keeping in view the totality of the facts & circumstances of the
case, it is provided that in case the petitioner appears before the court below
and moves any application for bail, the same will be disposed of
expeditiously.
Order Date :- 3.8.2010
Santosh/-