ASHFAQ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order of a Division Bench of the Allahabad High Court dismissing the Writ Petition filed by the appellant.

(3.) The facts in a nutshell are as follows : A Writ Petition was filed before the High Court for quashing the First Information Report (in short the FIR) lodged for alleged commission of offences punishable under Sections 420 and 424 of the Indian Penal Code, 1860 (in short the IPC) and Sections 2 and 3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short the Prevention Act). The stand in the writ petition was that even if the FIR is taken at its face value, there is no scope for holding that the appellants committed cheating or an offence punishable under the Prevention Act. At the most it may make out a case for evasion of tax for which action is permissible under the concerned Trade Tax Act.