The Allahabad High Court has dismissed a petition seeking quashing of FIR against former CO Aale Hasan, a close aide of former cabinet minister and Samajwadi Party leader Azam Khan, lodged under the Public Gambling Act.
The Division Bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar said the petition filed by Waseem and Another, was not maintainable and dismissed it.
The petition sought quashing of the FIR dated 16.07.2022 giving rise to Case under Section 13 of Public Gambling Act, Police Station Civil Lines, District Rampur.
The contention of the counsel for the petitioners is that they are not named in the first information report.
In our considered opinion, since the petitioners are not named in the first information report, they have no locus to file the writ petition, the Court observed.
In case, their names have come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge, the Court said while dismissing the petition.
In the case, the FIR was registered on July 16, 2022 at the Civil Lines Police Station in Rampur for gambling in a house. The names of Waseem and CO Aale Hasan came to the fore in the investigation. Both had challenged it in the High Court and demanded cancellation of the FIR.