Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37573 of 2018 Petitioner :- Abid And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajesh Shukla for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 27.9.2018 (registered as Case Crime No. 0564 of 2018), u/s 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, 1986, P.S. Kairana, district Shamli.
A perusal of the F.I.R. shows that on the basis of Case Crime No. 478 of 2018, u/s 3/4 of Public Gambling Act, Case Crime No. 479 of 2018, u/s 3/25 of Arms Act and Case Crime No. 480 of 2018, u/s 30 of Arms Act, the present F.I.R. has been registered. He submits that the petitioners were arrested and three cases were lodged against the petitioners, under different heading and on the basis of the same cases, now the present F.I.R. has been lodged, although in the main cases, the petitioners were granted bail.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 27.9.2018 (registered as Case Crime No. 0564 of 2018), u/s 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, 1986, P.S. Kairana, district Shamli, till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 21.12.2018 Jaideep/-