Babbi Choudhary v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 19249 of 2023 Petitioner :- Babbi Choudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurang Kulshreshtha,Prem Sagar Verma Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Petitioner is aggrieved by his implication in Case Crime No.515 of 2023 under Section 2/3 of the UP Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-New Agra, District-Agra, which contains allegations to the effect that petitioner has indulged in gang activity. The base case relied upon in the gang-chart shows that petitioner had indulged in gambling activity during IPL matches. The petitioner otherwise has a criminal history of three cases and merely because he has been bailed out, it would not mean that the prima facie allegations made in the FIR are incorrect. Since prima facie allegation with regard to commissioning of cognizable offence is disclosed, we decline to interfere in the writ petition to quash the FIR. The writ petition is, accordingly, dismissed. Order Date :- 12.12.2023 LN Tripathi High Court of Judicature at Allahabad