Hon'ble Alok Mathur,J.
Heard learned counsel for petitioner as well as learned Additional Government Advocate and perused the record.
By means of this writ petition, the petitioner has prayed for quashing of the impugned First Information Report registered as Case Crime No. 0031 of 2021, in offence under Section 3(1) of U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986, Police Station - Ahirauli, District - Ambedkar Nagar.
It is submitted that the F.I.R. has been lodged simply to harass the petitioner and with an oblique motive and purpose. It is further submitted from the perusal of the gang chart it is evident that here is only one criminal case registered against petitioner being Case Crime No. 104 of 2018, under Sections 376, 376 Cha(2) I.P.C. and Section 3/4 of Protection of Children from Sexual Offence Act, Police Station - Ahirauli, District - Ambedkar Nagar in which he has already been granted bail by this Court by means of order dated 11.09.2018, passed in Bail No. 7612 of 2018 (Anneuxre 3 to the writ petition). It is submitted that the behaviour of the petitioner has remained law abiding since then.
In view of the facts and material available on record and after hearing learned counsel for parties, the writ petition is disposed of with the observations that till filling of the police report under Section 173(2) Cr.P.C., or till credible evidence is found, whichever is earlier, the petitioner shall not be arrested in connection with the aforesaid case, subject to the condition that the petitioner co-operates with the investigation.
Order Date :- 25.2.2021 A. Verma