Ateek Ahmad vs State Of Uttarakhand And Another

Ravindra Maithani, J

The petitioner seeks quashing of FIR/Case Crime No.568 of 2022, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (for short, “the Act”), Police Station Kotwali Dehradun, District Dehradun.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant along with the co-accused had formed a gang. They have engaged in the grabbing of property by forgery. They spread fear among masses. Nobody comes forward to depose against them.

Learned counsel for the petitioner would submit that based on two cases, the instant case is lodged against the petitioner. It is stated that the petitioner has already been acquitted in those two cases.

Learned State counsel would submit that the petitioner is a gangster.

This is a writ petition under Article 226 of the Constitution of India. If FIR discloses commission of offences, generally no interference is warranted unless there are compelling circumstances to do so.

This Court, at this stage, may not examine the credibility of an FIR. The FIR records that the petitioner is a gangster. He formed a gang. He along with his gang is involved in grabbing land by fraud, etc and people are not coming forward to depose against them.

The matter would find scrutiny during investigation or trial, as the case may be. But, certainly the FIR discloses commission of offence. There is no reason to make any interference. Accordingly, the petition deserves to be dismissed at the stage of admission itself.

The petition is dismissed in limine.