Humayaun and Another v. State of U.P. and 2 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16565 of 2023 Petitioner :- Humayaun And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ehtesham Akhtar Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State-respondents and perused the record. The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 28.09.2023 registered as Case Crime No.0380 of 2023, under Sections 2/3 of the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Partapur, District Meerut. Learned counsel for the petitioners argued that only on the basis of one single case against the petitioner no.1 and two cases against the petitioner no.2, the impugned FIR has been lodged against the petitioners under the Gangsters Act, 1986 and in which the petitioners had already been granted bail. Further, learned counsel for the petitioners has raised a number of legal and factual aspects of the matter. Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioners and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India. Accordingly, the prayer for quashing the FIR is declined and refused. However, it is open for the petitioners, if so advised, they shall move proper bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law. It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the bail application as early as possible. With the above observation, the writ petition is disposed of. Order Date :- 19.10.2023 Zafar High Court of Judicature at Allahabad