FAROOQ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for petitioners, learned Additional Government Advocate and perused the record of petition.

(2.) THE present writ petition has been preferred under Article 226 of the Constitution of India with the prayers that a writ, order or direction in the nature of Certiorari be issued quashing the First Information Report registered at case Crime No.6 of 2014, under Section 2/3 (1) of U.P. Gangster and Anti -social Activities (Prevention) Act, at Police Station G.R.P. Pratapgarh, District Pratapgarh. They have also prayed that a writ of Mandamus be also issued against opposite parties not to arrest the petitioners in the aforesaid case crime number.

(3.) THE facts giving rise to the petition are that opposite party no.4 has lodged an F.I.R. on 01.03.2014, which has been registered as case Crime No.6 of 2014 under Section 2/3 (1) of U.P. Gangster and Anti -social Activities (Prevention) Act, at Police Station G.R.P. Pratapgarh, District Pratapgarh. The report has been lodged by opposite party no.4 against petitioner no.2 and other accused persons on the ground that they are operating a gang and accused Farooq Ahmad is a gang leader and four persons including petitioners no. 2 and 3 are the members of the said gang ; that in support of the First Information Report, a gang chart has also been prepared by the police, which is annexed as Annexure -2 ; petitioners are the family members ; that petitioner no.1 is the driver of Chief Revenue Officer and petitioner no.2 is the driver of the District Magistrate, Pratapgarh.