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competition

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allahabad high court typing practice legal test 5 by dipanshu kushwaha

created Jun 27th 2020, 03:21 by user1379175


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Case :- CRIMINAL MISC. WRIT PETITION No. - 23331 of 2019
 
Petitioner :- Ravindra Pal
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dharmendra Singh
Counsel for Respondent :- G.A.
 
Hon'ble Naheed Ara Moonis,J.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the first information report dated 28.9.2019 registered in Case Crime No. 312 of 2019, under Section 3 (1) of U.P. Gangster Act, P.S. Bharthna, district Etawah.
Learned counsel for the petitioner submitted that on the basis of one case being case Crime No. 162 of 2019, under section 3/8 Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act the petitioner has been roped in the present case. The petitioner who is absolutely innocent has already been enlarged on bail in the said case. The impugned first information report has been lodged by the respondent no. 4 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him to build pressure to extract illegal money. He further submitted that apart from the bald allegations made in the impugned first information report no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned first information report is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made against the petitioner cannot be aborted at this stage. There is complicity of the petitioner in the commission of the said crime.
From the perusal of the first information report, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. The petitioner has miserably failed to put forth any justifiable rationale for quashing the first information report. In the decision of Kishan Pal @ K.P. vs. State of U.P. and another, 2006 (54) ACC 1015, it has been held that it would not be proper in such matters for High Court to interfere in discretionary writ jurisdiction as the petitioner can always appear before the court concerned and make submission there. There is no ground for interference with the first information report. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed.
However, considering the nature of the allegations made in the first information report and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with the provision of the Gangsters Act.
Order Date :- 7.11.2019
Shahnawaz

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