Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 38103 of 2018 Petitioner :- Ayush @ Golu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Rai,Ashish Rai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 24th October, 2018 registered as Case Crime No.2355 of 2018, under Section 2/3 of U.P. Gangsters Act, police station Kavi Nagar, district Ghaziabad.
The contention of learned counsel for the petitioner is that on the basis of two cases the petitioner has been implicated for an offence punishable under the provision of Gangsters Act. In both the cases, the petitioner is not named and he has been subsequently implicated in those cases in which he has been granted bail. It has also been contended that charge-sheet has not yet been submitted in those two cases against the petitioner.
Be that as it may, as the impugned First Information Report alleges that the petitioner is a member of a gang which indulges in offence punishable under Chapter XVII of IPC, we do not consider it appropriate to quash the First Information Report, at this stage, particularly, when the matter is under investigation. However, looking to the facts and circumstances of the case as also that in other cases the petitioner was not named and he has been granted bail, we deem it appropriate that the investigation of the above case shall continue and be brought to its logical conclusion but, subject to cooperation of the petitioner in the investigation, he shall not be arrested till submission of police report under Section 173(2) CrPC.
With the aforesaid direction/observation, the petition stands disposed off.
Order Date :- 27.2.2019. Rks.