Rakesh Pal v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17291 of 2023 Petitioner :- Rakesh Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ved Byas Mishra Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated

15.10.2023 giving rise to Case Crime No.219 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station-Mahuadih, District-Deoria.

¶3Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

¶4Moreover, 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 petitioner to quash the First Information Report is completely misconceived and is rejected.

¶5The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail. Order Date :- 3.11.2023 Aditya Tripathi High Court of Judicature at Allahabad