MOHD HANEEF Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-9
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on April 03,2013

MOHD HANEEF Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) By way of this application moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks to issue writ in the nature of certiorari for quashing the impugned charge sheet no. 116 of 2011 which pertains to F.I.R. no. 487 of 2010 registered at Police Station Rudrapur, as Case Crime no. 487 of 2010, under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, against the petitioner.
(2.) An F.I.R. bearing case crime no. 487/2010 was lodged by Ganesh Prasad, Incharge Inspector, Police Station, Rudrapur against six accused persons including the present applicant Mohd Haneef in Police Station Rudrapur, on 10.09.2010 as regards offence punishable under Section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986.
(3.) According to F.I.R., the accused persons indulged in anti-social activities like theft etc. Accused is a member of an organized Gang of thieves, who are involved in theft of motorcycle and thereby gaining undue pecuniary and material advantage for himself and other members of the gang, to which public feels intimidated. The F.I.R. bearing case crime no. 487/2010 entails the description of number of cases, which are pending against the accused persons. The description of those cases is being given as below: (i) FIR no.149/10 Under Sections 379/411 IPC. (ii) FIR no. 447/10 u/s 41/102 Cr.P.C. and 411 IPC. (iii) FIR no.317/10 u/s 41/102 Cr.P.C. and Sections 411 IPC. (iv) FIR no. 318/10 u/s 41/102 Cr.P.C. and Sections. 411 IPC. [Against Salim] (i) F.I.R. no.316/10 u/s 379/411 IPC. (ii) FIR no. 317/10 u/s 41/102 Cr.P.C. 411.I.P.C. (iii) FIR no 318/10 u/s 41/102 Cr.P.C. and 411 I.P.C. [Against Haneef] .. (i) FIR no. 316/10 Act 379/411 I.P.C. (ii) FIR no. 317/10 and 318/10 Act, 41/102 Cr.P.C. 411 I.P.C. [Against Mohd Tahir] .. (i) FIR no. 317/10 and 318/10 u/s 41/102 Cr.P.C. 411 I.P.C. [Against Munahiddin] .. (i) FIR no. 317/10 FIR no. 318/10 Act 41/102 Cr.P.C. 411 I.P.C. [Against Ausaf] .. (ii) FIR no. 317/10 FIR no. 318/10 Act 41/102 Cr.P.C. 411 I.P.C. [Against Askar];


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