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Judgment
6 paragraphs · 266 wordsPankaj Purohit, J
By means of present writ petition, petitioner has put to challenge the FIR No.0144 of 2025 dated 11.05.2025 under Section 2/3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (for short “the Act, 1986”), registered at P.S. Raipur, District Dehradun.
It is submitted by learned counsel for the petitioner that in the instant FIR, petitioner has falsely been implicated in the present case; she is a lady and the provisions of the Gangster Act have been invoked mechanically without fulfilling the essential ingredients of Section 2/3 of the Act, 1986. He further submits that one FIR No.0164 of 2023 was lodged against the petitioner and other co-accused persons, in which, notice under Section 41A of Cr.P.C. has already been served upon the petitioner and he is cooperating with the investigation. He also submits that as per the FIR No.164 of 2023, the dispute between the parties is of civil nature.
Per contra, learned State counsel submits that from perusal of the FIR, it is evident that petitioner is involved in the alleged crime which is a serious offence. Thus, the present writ petition deserves to be dismissed at the threshold.
From perusal of the first information report, it transpires that the allegations made in the first information report are very serious and discloses commission of offence. Therefore, this Court is not inclined to interfere with the impugned FIR by exercising discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed in-limine.
Pending application, if any, stands disposed of accordingly.