Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11472 of 2019 Petitioner :- Ajeet Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.04.2019 registered as Case Crime No.135 of 2019, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Gola, District Gorakhpur.
The contention of the learned counsel for the petitioner is that on account of previous involvement of the petitioner in two cases, namely, Case Crime Nos.461 of 2018 and 472 of 2018, the petitioner has been implicated under the Gangsters Act by falsely alleging that he has a gang which indulges in extortion, attempt to murder for the purpose of making temporal and pecuniary gains. It has been submitted that in attempt to murder case the petitioner was not arrested on spot, even though it was police encounter case, and his complicity was disclosed in confessional statement whereas in the other case of extortion he was not named in the FIR and, in those two cases, the petitioner has been granted bail. It has been submitted that the petitioner has been falsely implicated by the police just to defeat the bail orders.
Be that as it may, the correctness of the allegations are not, ordinarily, to be tested in the writ jurisdiction therefore, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case as also that the petitioner has been granted bail in the other two cases, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 30.4.2019 AKShukla/-