RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. A. Allam, learned senior counsel for the petitioner and Mr. R.R. Mishra, learned G.P. II for the respondents.
(2.) The petitioner in this application has prayed for the following reliefs:- a) To quash the entire criminal case arising out of Ranga P.S. Case No. 10 of 2018 dated 22.2.2018, corresponding to G.R. No. 123/2018, which has been registered under section 17 of the Criminal Law Amendment Act, 1908 against the petitioner and others, whereby and whereunder name of the petitioner has been mentioned as Accused No. 3 in a situation that in view of Notification of the State Government dated 21.2.2018, the Popular Front of India, of which petitioner is the State General Secretary, has been banned. So, due to follow-up action, instant FIR has been filed without any allegations of anti-social activity or unlawful activity, which could be detrimental to the interest of general public. So, without such allegations , the FIR has been registered against the petitioner and three others in view of Section 17 of the Criminal Law Amendment Act . Such allegation is alleged to have been made banning Popular Front of India. Since Section 16 of the Criminal Law Amendment Act has already been amended and deleted by the subsequent amendment, so no follow up action has been made by the State Government either under Sections 16 or 17 of the Act. (b) Since principles of natural justice has been followed and no material has been collected which may implicate the petitioner for the offence under the provisions of Criminal Law Amendment Act or under any other offence of India Law. So, in absence of the same, instant FIR arising out of Ranga Police Station Case No. 10/2018 may kindly be quashed. (c ) Petitioner further prays to quash the notification of the Home Department, as contained in S. No. 18/12 Aa. Su.(29)07/2009-1096, Dated 21.02.2018, as before issuing the said notification, the Principles of Natural Justice has been followed nor the petitioner has been communicated with any ground under which either the Notification is made or the FIR has been lodged. Hence, the Notification issued pursuant to Section 16, Annexure-2(already deleted), is liable to be set aside.
(3.) The case of the petitioner as per the averments made in the writ application is that Popular Front of India (hereinafter referred to as PFI) is a registered organization under the Societies Registration Act having Registration No. 226/2010 at New Delhi. The aim and object of PFI is to protect national integration, communal harmony, peace, progress and prosperity amongst the people irrespective of the community to which they belonged as also to establish social order, freedom and justice for all, to work for the welfare and progress of the weaker sections of the society, to protect dignity and life of the members of marginalized part of the society, to check the menace of casteism and communalism and to raise voice against the violation of human rights and to protect the unity and solidarity of different social groups. The objects and aims of the PFI finds place in the bye-laws of the society.;