Mrs. Rekha Dixit, J. - (1.) This writ petition has been filed with a prayer to quash the impugned F.I.R. dated 31.08.2016, registered as Case Crime No.590 of 2016, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Akbarpur, District Kanpur Dehat.
(2.) The brief facts of the case are that the petitioner is named in the F.I.R. lodged by the respondent No.3 on 31.8.2016 which has been registered as Case Crime No.590 of 2016, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, (hereinafter referred to as the 'Gangster Act') Police Station Akbarpur, District Kanpur Dehat. As per the allegations of FIR, there is a gang of five persons namely, Rishabh Singh @ Golu Bhadauria, Rishabh Awasthi, Anuj Dubey, Abhishek Singh and Bhagwati @ Banta who were involved in anti-social activities under section 3(1) of the Gangster Act. The criminal antecedent of the persons have also been categorically mentioned, which reads as under:- 1. Rishabh Singh @ Golu Bhadauria-Case Crime no.270 of 2015 under Section 394, 411 IPC, Police Station-Akhbarpur, District-Kanpur Dehat and Case Crime no.79 of 2016, under sections 394, 411 IPC, PS-Akhbarpur, District-Kanpur Dehat; 2. Rishabh Awasthi Case Crime no.270 of 2015, under section 394, 411 I.P.C., Police Station-Akhbarpur, District-Kanpur Dehat; 3. Anuj Dubey-Case Crime no.270 of 2015 under Section 394, 411 IPC, Police Station-Akhbarpur, District-Kanpur Dehat; 4. Abhishek Singh-Case Crime no.270 of 2015 under Section 394, 411 IPC, Police Station-Akhbarpur, District-Kanpur Dehat; 5. Bhagwati @ Banta-Case Crime no.79 of 2016, under sections 394, 411 IPC, PS-Akhbarpur, District-Kanpur Dehat; A gang chart of the same has also been annexed herein.
(3.) Heard Sri Manish Tandon and Sri S.D. Singh Jadaun,learned counsel for the petitioner and Sri Irshad Husain, learned AGA for the State.;