Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 441 of 2009, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Subeha, district Barabanki.
We have gone through the contents in the FIR and the gang-chart which has been annexed as Annexure No. 1 to this writ petition. In the gang-chart, two cases have been shown against the petitioner. One case is relating to case crime No. 207 of 2009 under Sections 394/411 IPC, Police Station Subeha,district Barabanki and the another is relating to case crime No. 214 of 2009 under Section 307 IPC, police station Subeha, district Barabanki. Submission of the learned counsel for the petitioner is that both the cases shown against the petitioner arise out of one and the same incident which has been bifurcated into two case crime numbers. As soon as in both the cases petitioner was released on bail, this FIR has been lodged on 01.10.2009. Petitioner has been roped in the present case due to Kargujari of the police just to see that the petitioner remains behind the bar on the one pretext or the other without any rhyme or reason.
There seems to be substance in the arguments of learned counsel for the petitioner.
Accordingly, let notice be issued to opposite party No. 4 returnable at an early date.
Respective opposite parties may file their counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed by the petitioner within next two weeks. List after expiry of aforesaid period.
However, it is directed that the petitioner shall not be arrested in the aforesaid crime number till the next date of listing or till the submission of the charge- sheet, provided he cooperates with the investigation, which shall go on. Order Date :- 7.1.2010/Kaushal