RAM RAHEESH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and learned Additional Government Advocate.

(2.) In the instant writ petition, the petitioners have sought quashing of the FIR dated 15.10.2010 registered as case crime no. 2853 of 2010, under Sections 2/3 of The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short referred to as the "Gangsters Act") at police station Kotwali City, District Hardoi. Further prayer in the writ petition is for a direction to the respondents not to arrest the petitioners in the aforesaid case.

(3.) Brief facts of the case are that in respect of an incident dated 11.10.2010, an FIR was lodged by the complainant Shiv Ratan Singh, which was registered as case crime no. 2851 of 2010, under Section 171 Cha, 147, 353, 504 IPC and 136 (2) of Representation of People Act at PS Kotwali City, district Hardoi. According to the petitioners, this FIR was registered against unknown persons but the petitioners were falsely implicated by the police, which would be evident from the fact that in the said FIR, the complainant has alleged that when he was preparing necessary papers pertaining to election, at about 6 p.m., seven unknown persons came and started abusive language. They tried to snatch the ballot box but the Presiding Officer locked the door from inside. In the aforesaid case, the petitioners were arrested on 13.10.2010 and were granted bail by the competent Court on 14.10.2010. It has also been pointed out that there is no question of recovery of articles at the instance of the petitioners.