Sharukh Khan vs State Of Uttarakhand & Another

Pankaj Purohit, J

The present writ petition has been filed by the petitioner, under Article 226 of the Constitution of India, whereby petitioner has put to challenge F.I.R. No.0129 of 2024 dated 15.03.2024, under Section 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station, Kotwali, Dehradun, District Dehradun.

Facts of the case in the aforesaid F.I.R. are that Saurav Vats @ Saurav Sharma has formed an organized gang, of which he himself is the gang leader and along with other members, including the petitioner, of his gang, he is cheating the victims by giving them fake government documents in the name of getting e-tending done and earning financial benefits and other members of his gang are absconding.

Learned counsel for the petitioner submitted that the petitioner is not involved in any gang and is just a driver to Saurav Vats @ Saurav Sharma and did not know about the daily affairs of Saurav Vats @ Saurav Sharma and only has been booked by respondent no.2-S.H.O. Police Station Kotwali Dehradun, in the present matter, due to his chequered history in four cases pending against him.

Per contra, learned State counsel submits that it is apparent from perusal of the F.I.R. that the petitioner is an accused as he was hand in glove with the members of the gang and has a long criminal history – four criminal cases which are, pending against him.

Heard learned counsel for the petitioner and have perused the entire material available on record.

Since the offences alleged against the petitioner are very serious in nature, therefore, this is not a fit case where the Court should inclined to interfere in the matter invoking its discretionary jurisdiction under Article 226 of the Constitution of India. Prima facie a case is made out against the petitioner; therefore, no interference is warranted by this Court. At this stage, learned counsel for the petitioner requested this Court to permit the petitioner to surrender before the court of competent jurisidiction.

Accordingly, the writ petition stands disposed-off. However, petitioner is at liberty to move before the court of competent jurisdiction, within a period of 15 days from today i.e., on or before 15.04.2025. If the petitioner surrenders before the court of competent jurisdiction, within the aforesaid period, his bail application shall be considered expeditiously.

Pending application, if any, also stands disposed of.