Alok Kumar Chaubey v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8154 of 2023 Petitioner :- Alok Kumar Chaubey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Lalit Mohan Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Mrs. Renu Agarwal,J. Instructions provided by learned A.G.A is kept on record. Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the material placed on record. Present writ petition has been preferred for quashing the FIR dated 18.03.2023 being Case Crime No0200 of 2023 under Section 3(1) of the U.P. Gangster & Antisocial Activities (Prevention) Act, 1986, P.S. Dewa District Barabanki and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. This Court has earlier granted time to learned A.G.A to seek instructions. Today when the matter is taken up, learned counsel for the petitioner prays for adjournment. However, the learned A.G.A has produced before this Court instructions sent by Sub-Inspector Nizabuddin, Police Station Kotwali Nagar District Barabanki wherein it has been stated that the petitioner has criminal history of five cases in all such five cases charge-sheets have been filed in courts concerned. It has also been stated that the petitioner is not cooperating in the investigation and has been absconding. Co-accused Arvind Pandey has also moved C.R.L.P No. 2858 of 2023 which has been rejected by this Court on 03.05.2023. This Court finds no good ground to grant adjournment or to show interference in the impugned FIR. Accordingly, the writ petition is dismissed. Order Date :- 30.10.2023/Nadeem/ Karan High Court of Judicature at Allahabad, Lucknow Bench