Ashish Mishra and 3 Others v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15483 of 2023 Petitioner :- Ashish Mishra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J. Heard Sri J.P.N. Rai, learned counsel holding brief of Sri Kartikeya Saran, learned counsel for the petitioners and learned A.G.A. for the State. The instant writ petition seeks quashing of the FIR dated

14.9.2023 giving rise to Case Crime No.0171 of 2023, under Sections 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Gyanpur, District-Bhadohi. Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are their defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report. Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioners to quash the First Information Report is completely misconceived and is rejected. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 31.10.2023 Dev/- High Court of Judicature at Allahabad