Allahabad High Court
Saurabh @ Saurabh Pundir vs State Of U.P. And 3 Others on 20 August, 2020
Bench: Manoj Misra, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 7948 of 2020 Petitioner :- Saurabh @ Saurabh Pundir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramdhan Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Samit Gopal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 27.02.2020 registered as Case Crime No. 0069 of 2020, under Section 2/3 of U.P. Gangster and Prevention and Anti Social Activities Act, 1986, P.S. Hathras Kotwali, District Hathras.
The contention of the learned counsel for the petitioner is that the co-accused, Hariom Sharma has been granted protection during the pendency of investigation upon finding that the cases which have been shown in the Gang Chart are no injury cases in which the accused has already been granted bail. It has been submitted that the petitioner may therefore be granted same relief on the ground of parity.
The order dated 15.06.2020 passed in Criminal Misc. Writ Petition No. 5256 of 2020 is extracted below:-
"Heard Sri Kunwar Dhananjai, Advocate holding brief of Sri Rahul Kumar Sharma, llearned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
By means of this petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 27.02.2020 registered as Case Crime No.0069 of 2020 under sections 2/3 of The U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Hathras Kotwali, District Hathras and not to arrest the petitioners in pursuance of the aforesaid case.
Learned counsel for the petitioners submits that there are two cases shown against the petitioner in the gang chart, which is of the year 2019 under section 307 IPC, which is no injury case, in which he has been granted bail by the court below and this Court respectively, copies of which have been annexed at Annexure Nos.3 and 4. The present FIR has been lodged only to harass the petitioner.
Learned A.G.A. opposed the prayer for quashing of the FIR which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Hariom Sharma shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent Court, but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of."
Considering the facts of the case, we deem it appropriate to dispose off this petition on the same terms by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided he co-operates in the investigation.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.8.2020 AS Rathore